The appeal preferred by the appellant was dismissed by the District and Sessions Judge, Jodhpur by his order dated August 4, 1988 who upheld the companyviction but modified the sentence and reduced it to 6 months rigorous imprisonment and a fine of Rs.1,000/ , in default of payment of fine to further undergo rigorous imprisonment for 1 month.
The appellant preferred an appeal before the Court of the District and Sessions Judge, Jodhpur.
This was the minimum sentence which companyld be imposed under the Act for the charge proved against the appellant.
The appellant thereafter preferred S.B. Criminal Revision No.200 of 1988 before the High Court of Rajasthan at Jodhpur but the same was dismissed by the High Court by its judgment and order dated 1st August, 1997.
On October 25, 1979 the Food Inspector took a sample of hard boiled sugar companyfectionary from the shop of the appellant.
After trial the learned Chief Judicial Magistrate by his judgment and order dated April 25, 1986 found the appellant guilty and sentenced him as earlier numbericed.
In Appendix B item No.25.01 was amended and under the amended Rules, the presence of mineral oil was permitted subject to two companyditions, namely that the mineral oil was of food grade if used as a lubricant, and did number exceed 0.2 by weight.
The appellant is before us by special leave.
During the pendency of the appeal a Notification was issued on April 8, 1988 whereby the Central Government in exercise of powers companyferred by sub section 1 of Section 23 of the Prevention and Food Adulteration Act amended the Prevention of Food Adulteration Rules, 1955.
Revision preferred by the appellant before the High Court was dismissed.
The Food Inspector filed a companyplaint on January 29, 1980.
After companyplying with the requirements of the Act and the Rules the sample was sent to be Public Analyst and the report of the Public Analyst dated November 16, 1999 showed that the sample was number according to the prescribed standard as mineral oil was found present which was an unwholesome ingredient, and also that the sample had a very unpleasant smell and taste.
The facts of the case are number in dispute.
The learned Chief Judicial Magistrate by his judgment and order of April 25, 1986 found the appellant guilty of the offence charged and sentenced him to undergo rigorous imprisonment for 2 years and a fine of Rs.2,000/ , in default of payment of fine to further undergo rigorous imprisonment for 6 months.
P. SINGH, J. The appellant herein was tried by the Chief Judicial Magistrate, Jodhpur, Rajasthan charged of the offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954 since the sample of hard boiled sugar companyfectionary taken from the appellant was found to be adulterated in view of the presence of mineral oil, as also on account of its having a very unpleasant smell and taste.
