ABDUL SATAR Vs. STATE AND ANR.

JUDGEMENT

(1.) THE Petitioner has been convicted under Section 16(1)(a) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and sentenced to under go a period of five months R.I. and to pay a fine of Rs. 700/ -, in default to undergo R.I. for one month more, by the Sub -divisional Magistrate, Puri. In appeal, the sentence was reduced, to a substantive sentence of two months' R.I. and the fine was reduced to Rs. 200/ - in default, the Petitioner was to undergo R.I. for one month.

(2.) THE Petitioner is a dealer in grocery articles in the Municipal market at Puri. On 3rd of August 1962, the Food Inspector of puri Municipality purchased mustard oil from him and took samples from two tins and sent the same to the Public Analyst who reported that it was adulterated. The Petitioner denied the charge. Both the Courts have found that the mustard oil was adulterated. The finding is not assailed here. The revision is passed only on the question of sentence.

(3.) THE proviso is referred as both the learned Courts below committed a serious error of law in imposing the substantive sentence of imprisonment for less than one year without assigning any special and adequate reasons in the judgment, though their finding was that a second offence had been committed.