A.N.Mulla, J. - (1.) Khushi Ram appellant has been convicted under Section 7(i) and 7(iii) of the Prevention of Food Adulteration Act by the Additional Sessions Judge of Bara Banki and sentenced to one year's rigorous imprisonment and a fine of Rs. 200/- in default further rigorous imprisonment for six months under each count. The two sentences of imprisonment awarded to Khushi Ram have been made to run concurrently.
(2.) It is not necessary to give the facts of the case at all, as I have come to the conclusion that the order passed by the learned Additional Sessions Judge was without jurisdiction and the case is being remanded for retrial before a competent Magistrate. I now proceed to discuss only the legal aspect involved in this case.
(3.) The Magistrate committed tin's case to the Court of Session by his order dated the 24th July, 1956, under a misapprehension. The Magistrate observed: ' "Therefore it will be seen that this is the third offence which has been committed by the accused. The punishment which is laid down in this is as follows: in Section 16(i), fiii) of the Prevention of Food Adulteration Act 'for a third and subsequent offences, with imprisonment for a term which may extend to four years and with fine: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall not be less than 2 years and such fine shall not be less than three thousand rupees.' As I have only power to fine up to Rs. 2000/-only and in this case the minimum fine to be awarded is Rs. 3000/- only, so I am committing this case, to the Court of Sessions on the-charges under Section 7(i) and 7(iii) read with Section 16(1) (a) and (iii) of Prevention of Food Adulteration Act under Section 346 Cr. P. C.";