- (1.) PALOK Basu, J. The applicant Kanhai Lal has been convicted under Section 7/16 of Prevention of Food Adulteration Act and sentenced to six months R. I. and Rs. 1000/- as fine. It has been found by the Courts below that on 3. 12. 83 at about 10. 30 a. m. the applicant was found selling mustard oil in his shop and the Food Inspector purchased the sample which was found adulterated by the Public Analyst Lucknow. The applicant exercised his rights and consequently his sample was also forwarded to the Director, Central Food Laboratory, Calcutta. The said report also indicates the presence of mixture in the mustard oil. Apart from this other deficiency was found in the mustard oil.
(2.) AT the time of admission of this revision it was argued that since the Public Analyst's report indicates 7% adulteration in the contents of mustard oil it should not come within the adulterated limits. Consequently this revision was admitted by Hon'ble V. P. Mathur, J. on the question of sentence only who has since retired. Hence, this revision has been listed for final disposal before this Court. The reports of the Public Analyst and the Director, Central Food Laboratory, Calcutta indicate that ARJ MON Oil was mixed in the sample of the mustard oil taken from the applicant. Consequently this is one of the worst oil to be found in edible mustard oil and a serious view has to be taken about this adulteration. Other questions on fact sought to be raised and argued by the learned Counsel for the applicant in the Courts below and in the grounds of revision which have been fully answered by the Courts below and thus do not survive for determination by this court. There is no im propriety or illegality in the order of conviction and sentence. On the facts and cir cumstances discussed above no reduction in the sentence is possible. Consequently this revision fails and is dismissed. This applicant Kanhai Lal shall surrender to his bonds failing which he shall be taken into custody to serve out the sentence awarded by the courts below. Revision dismissed. .;