M.C. Desai, J. - (1.) The applicant was convicted by a First Class Magistrate under Sec. 7 (1), read with Sec. 16 (1) (a) of the Prevention of Food Adulteration Act (Act No; XXXVII of 1954) and sentenced to undergo "rigorous imprisonment for a period of one year in the ordinary class." The offence proved against him was that on 10-7-1957 be sold adulterated milk. While awarding the sentence the Magistrate took into consideration the fact that for a similar offence he was convicted on 29-7-1957.
(2.) The applicant preferred an appeal which was dismissed by the Sessions Judge. In his judgment the learned Sessions Judge wrote that conviction under "Sec. 7 (1) read with Sec. 16-A" of the Act was maintained. He should have been careful in nothing the law under which he was convicting; there is nothing like Sec. 16-A in the Act.
(3.) Section 16 (1) (a) reads as follows:- "If any person whether himself or by any person on his behalf..... stores, sells or distributes, any article of food in contravention of any provisions of this Act .....he shall, ..... be punishable (i) for the first offence with imprisonment for a term which may extend to one year or with fine ...... or with both: (ii) for a second offence with imprisonment for a term which may extend to two years "and with fine: Provided that in the absence gatory as imprisonment. The Magistrate of special and adequate reasons such imprisonment shall not be less than one year fine and the learned Sessions Judge has not and such fine shall not be less than rupees noticed this illegality. two thousand.";