P.M.Bakshi, J. - (1.) The applicant has been convicted under Sections 7/16 of the P. F. Act, and has been sentenced to 6 months' R.I. and a fine of Rs. 1000/-. In default of payment of line he is to undergo further imprisonment for a period of 3 months' R.I. Aggrieved thereby he filed an appeal before the Addl. District Judge, Kanpur, which has also been dismissed. Hence this revision.
(2.) I have heard learned counsel for the parties, and have also perused the impugned orders. On the last occasion after hearing the counsel, I had directed the record to be summoned. That record is before me today. I have scrutinised the record. It appears from the statement of the Food inspector that a copy of the report of the Public Analyst was despatched to the accused. A receipt for the same has also been filed. A notice also accompanied the report of the Public Analyst under section 13(2) of the P.F. Act, informing the applicant that if he so desired, he may file the objection with regard to the analysis in the court of Metropolitan Magistrate, Kanpur within 10 days of the receipt of the notice. From this evidence, I am satisfied that there has been full compliance of Section 13(2) of the Act.
(3.) On the question of sentence also I am unable to give any relief to the applicant. Since the offence was committed on 24th September, 77, after coming into force of the Amendment Act, 1976. The minimum sentence prescribed is six months under the Act.;