(1.) THE petitioner has been convicted for offence punishable under section 16 (1) (a) (i) of the Food Adulteration Act, 1954 and he has been sentenced to undergo 6 months' rigorous imprisonment and a fine of Rs. 1000/-, in default of payment of file to undergo further rigorous imprisonment for 2 months by the Chief Judicial Magistrate, Sirohi by his judgment dated September 15, 1976. His conviction and sentence have been upheld by the learned Additional Sessions Judge, Sirohi by his judgment dated August 21, 1978.
(2.) THE petitioner was prosecuted on the allegations that the Food Inspector Shri S. S. Gour found the accused selling the mixed milk of cow and buffalo near Rajmata Dharamshala, Sirohi on 30-9-1975 at 8 a. m. and after giving him the notice of his intention of taking the sample of milk for analysis, purchased 660 Ml. or milk and divided it equally into three phials, which were properly sealed. On analysis, the sample was found to be adulterated. THE complaint was presented against the accused-appellant and after trial, he was found guilty and he was convicted and sentenced as aforesaid.