Judgment

KHANNA. J.:- Chittaranjan Das appellant was convicted by Magistrate First Class Cuttack under S. 16 (1) (a) of the Prevention of Food Adulteration Act, 1954 (Act 37 of 1954) (here-in-after referred to as the Act) and was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 500, or in default to undergo rigorous imprisonment for a further period of six weeks. Appeal filed by the appellant was dismissed by the Additional Sessions Judge Cuttack. The appellant then went up in revision to the High Court but his revision petition too was dismissed by the Orissa High Court. The appellant thereafter filed the present appeal by special leave.

2. The case for the prosecution is that on July 17. 1965 Food Inspector Behera went to the stall of the accused in the old Secretariat Compound Cuttack and found potato chops being fried by an employee of the accused in groundnut oil in a frying pan. The Food Inspector disclosed his identity to the accused and after giving the requisite notice, he purchased 375 gms of the groundnut oil in which the potato chops were being fried. After the oil was cooled, the Food Inspector divided it into three equal par