JUDGMENT

B.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 confectionary 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. 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. 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 conviction 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. This was the minimum sentence which could be imposed under the Act for the charge proved against the appellant. The appellant thereafter pr