J.N. Bhat, J. - (1.)This is a revision petition directed against the order of the Additional Sessions Judge, Jammu dated 15th May, 1970 whereby he has dismissed the appeal preferred by the appellant against his conviction recorded by the Special Municipal Magistrate, Jammu, vide his order dated 30-10-1969 for an offence under sections 7(1) and 16(1) of the Prevention of Food Adulteration Act sentencing him to pay a fine of Rs. 500.00 or in default to undergo simple imprisonment for one year.
(2.)The facts which have led to this case are that the Food Inspector namely Chaman Lal on 31-8-1968 purchased 750 grams of milk from the appellant for 67 paise as a sample. The milk was put into three bottles, which were sealed, one of the bottles was handed over to the appellant the other was sent to the Public Analyst. The Public Analyst opined that the milk was adulterated. After recording some evidence, the trial Magistrate convicted the appellant as stated above. His appeal before the Additional Sessions Judge, Jammu, as already indicated, failed. The accused petitioner has now preferred this revision petition to this court.
(3.)This case was before one of us initially but as arguments were raised about the interpretation of Sec. 3 and 23 of the Jammu and Kashmir Prevention of Food Adulteration Act, 1958 (Act No. XII of 1958) (hereinafter referred to as the Act' in this judgment). It was referred to a Division Bench by means of an order dated 29-12-1970. Later on the learned Counsel for the petitioner attacked the vires of the rules framed under the said Act and a notice was therefore given to the State through the Advocate General who appeared and argued the case for the State.