KANHAIYALAL Vs. STATE

JUDGEMENT

(1.) THIS is a revision application by one Kanhaiyalal. He was convicted of an offence under section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954, hereinafter to be referred as the "act", by the learned First Class Magistrate, Abu Road and sentenced to a fine of Rs. 1000. On appeal the learned Additional Sessions Judge, Sirohi, maintained the conviction, but reduced the sentence of fine to Rs. 500 only.

(2.) THE facts are not in dispute. THE accused is a dealer in food articles at Abu Road and he had a license under the Act. On 19. 1. 68, P. W. 1 Shri Sant Kumar, the Food Inspector, Abu Road Municipality, went to the shop of the accused and from a sealed tin of mustard oil he purchased a sample of 375 milli-litres for analysis. After the necessary formalities the sample was sent to the Public Analyst at Jaipur. It was found to be below standard on account of its saponification value being 136. 0 when it should have been between 168 to 176 as prescribed under the Rules made under the Act and its B. R. Value was 56 7 when it should have been 58. 0 to 60. 5. Also the sample had added colour.