Judgment

JAGANMOHAN REDDY, J.: This appeal by certificate granted by the Delhi High Court under Article 134 (1) (c) of the constitution is against its judgment which confirmed the conviction of the accused of an offence under Section 9 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and against the enhancement of the sentence of imprisonment from the one till the rising of the court to six months R. I. which is the minimum prescribed under the Act together with a fine of Rs. 1,000 in default to undergo six months R. I.

2. The appellant is a sweetmeat seller. It is alleged that on September 1, 1965, Shri B. S. Sethi, Food Inspector appointed by the Central Government under Section 9 of the Act visited his shop and found that the appellant was selling coloured laddus. The Food Inspector purchased 1,500 grams of these laddus by way of a sample by paying him Rs. 9 as the price thereof. This sample was subdivided into three parts and was put into three separate bottles as required under Section 11 of the Act. One bottle was given to the accused, another was sent to the Public Analyst and the third was retained by the Food Inspector. The sample sent to