Judgment

SHAH, J. : The appellant, Sarjoo Prasad was convicted by P. M. Aga, Magistrate First Class, Allahabad, of an offence under S. 7 read with S. 16 of the Prevention of Food Adulteration Act, 37 of 1954 - hereinafter referred to as the Act - and in view of a previous conviction for a similar offence was sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 2,000. The conviction and sentence were sentence were confirmed in appeal by the Court of Session at Allahabad and by the High Court of Judicature at Allahabad in revision. The appellant has appealed to this court with special leave under Art. 136 of the Constitution.

2. The appellant was an employee of one Thakur Din who carries on business at 92-C, Mirganj, Allahabad, as a vendor of edible oils and provisions. On September 22, 1956, a Food Inspector of the Allahabad Municipality purchased from the appellant a sample of mustard oil exposed for sale in the shop which on analysis was found to be adulterated with linseed oil. Thakur Din and the appellant were prosecuted in the court of First Class Magistrate, Allahabad for selling adulterated food. The Magistrate convicted Thakur Din to pay a fine of Rs