MANGAL MAL Vs. STATE

JUDGEMENT

(1.) The applicant one Mangal Mal, a Halwai of Nurpur in the Kangra District, was prosecuted before the Additional District Magistrate, Dharamsala, under Section 13(1)(a) of the Punjab Pure Food Act. He was convicted on the 26th of June 1950 and sentenced to pay a fine of Rs. 300/- or in default to undergo two months' rigorous imprisonment. He appealed to the Sessions Court and his appeal was dismissed by the Additional sessions Judge on the 2nd of January 1951.

(2.) The finding of fact arrived at by both the Courts is that on the 31st of January 1950 the Food Inspector took a sample of oil which the accused was said to have exposed for sale at his shop as Sarson oil. The sample was sent to the Public Analyst who reported that it consisted wholly of linseed oil.

(3.) Section 13 of the Punjab Pure Food Act, 1929, so far as material is as follows: