Judgement

MUDHOLKAR, J.: This appeal and Criminal Appeal No. 113/63 arise out of a joint trial of the appellant Mangaldas and the two appellants Daryanomal and Kodumal in Cri. A. 113 of 1963 for the contravention of S. 7 (v) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) in which they were convicted and sentenced under S. 16 (1) (a) of the Act. The appellants Mangaldas and Daryanomal were each sentenced under Section 16 (1) (a) (ii) of the Act to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500 while the other appellant was sentenced under sub-cl. (i) to undergo imprisonment until the rising of the Court and to pay a fine of Rs. 200. On appeal they were all acquitted by the Additional Sessions Judge, Nasik. The State preferred an appeal before the High Court of Bombay which allowed it and restored the sentences passed on Mangaldas and Daryanomal by the Judicial Magistrate but imposed only a fine of Rs.200 on Kodumal. They have come up to this Court by special leave.

2. The admitted facts are these. Mangaldas is a wholesale dealer, commission agent, exporter, supplier and manufacturer of various kinds of spices doing busi