P.L.Bhargava, J. - (1.) This application in revision is directed against an order of conviction, under Section 4, U.P. Prevention of Adulteration Act, (VI (6) of 1912), recorded by a Magistrate of First Class of Gonda & upheld by the learned Ses. J. of the same place.
(2.) The applicant had sold 'ghee' which, on a chemical analysis, was found to be "grossly adulterated." The report of the public Analyst shows that the sample of the 'ghee' sold by the applicant contained matter of ingredient, viz., fat & oil, which was different from & not of the same nature, substance or quality as 'ghee.'
(3.) The sole point for consideration in this revision is whether the conviction is justified on a correct interpretation of Section 4, U. P. Prevention of Adulteration Act, which is in these terms: "4 (1) Whoever sells to the prejudice of the purchaser any article of food or any drug which is not of the nature, substance or quality of the article or drug demanded by such purchaser, or sells or offers or exposes for sale or manufactures for sale any article of food or any drug which is not of the nature, substance or quality which it purports; to be or which is sold or exposed for sale in a manner contrary to any regulations issued by the local Govt. under Sub-section (f), (g), or (h) or Section 14 shall be punished for the first offence with fine which may extend to two hundred rupees & for a second or any subsequent offence with fine which may extend to one thousand rupees or imprisonment of either description not exceeding three months of both: Provided that no article shall be deemed to have been sold to the prejudice of the purchaser in the following cases, that is to say (a) where any matter or ingredient not injurious to health has been added to the food or drug because the same is required for the production or preparation thereof as an article of commerce in a state fit for carriage or consumption, & not fradulently to increase the bulk, weight or measure of the food or drug or conceal the inferior quality thereof: (b) ..... (c) ..... (d) ..... (2) .....";