H.C.P. Tripathi, J. - (1.) APPLICANTS were convicted by a Magistrate First Class, Varanasi, for an offence Under Section 7 read with Section 16(1)(a)(ii) of the Prevention of Food Adulteration Act and sentenced to six months' rigorous imprisonment and to a fine of Rs. 1000/ - each. In default of payment of fine they were directed to undergo rigorous imprisonment for a further period of six months.
(2.) ON appeal the learned Sessions Judge upheld the conviction and sentences of the Applicants. Hence this revision. According to the prosecution Food Inspector Shyam Sunder inspected on 7 -12 -1965 at about 10 a.m. the shop of the Applicants in Mohalla Kazipur Kalan in the city of Varanasi and found Applicant Kewal Ram selling Namkin exposed to dust and flies in contravention of Rule 49(3) of the rules framed under the Prevention of Food Adulteration Act. Applicant Jhaman Das is the proprietor of that shop. Accordingly a complaint was filed against them and they were convicted and sentenced as stated above.
(3.) LEARNED Counsel for the Applicants has argued on the question of sentence only. It is urged that the Applicants are petty shopkeepers who earn their livelihood by selling saltish material. It was the month of December and even if the edibles were not kept in a glass case it may be a technical breach of the rule but its sale was not likely to lead to the prevalence of any infectious disease. There is some force in his contentions.;