Weston, C.J. - (1.) The applicant one Mangal Mal, a Halwai of Nurpur in the Kangra District, was prosecuted before the Additional District Magistrate, Dharamsala, under Section 13(1)(a) of the Punjab Pure Food Act. He was convicted on the 26th of June 1950 and sentenced to pay a fine of Rs. 300/- or in default to undergo two months' rigorous imprisonment. He appealed to the Sessions Court and his appeal was dismissed by the Additional sessions Judge on the 2nd of January 1951.
(2.) The finding of fact arrived at by both the Courts is that on the 31st of January 1950 the Food Inspector took a sample of oil which the accused was said to have exposed for sale at his shop as Sarson oil. The sample was sent to the Public Analyst who reported that it consisted wholly of linseed oil.
(3.) Section 13 of the Punjab Pure Food Act, 1929, so far as material is as follows: "13(1) No person shall: (a) sell any adulterated food unless he has complied with such rules as may be prescribed in this behalf;" Section 4 contains a definition of adulteration. This section reads : "4. For the purposes of this Act any food shall be deemed to be adulterated : (i) if it contains or is mixed or diluted with any substance which diminishes in any manner its nutritive or other beneficial properties as compared with such food in a pure and normal state or which in any other manner operates or may operate to the prejudice or disadvantage of the purchaser or consumer; (ii) if any substance or ingredient has been extracted or omitted therefrom and by reason of such extraction or omission the nutritive or other beneficial properties of the food as sold are less than those of the article in its pure and normal state, or the purchaser or consumer is or may be in any other manner prejudiced thereby; (iii) if it contains or is mixed or diluted with any substance of lower commercial value than such food in a pure and normal state; (iv) if it does not comply with the standard prescribed by any rules made under this Act.";