Judgment

RAY, C. J.:- These appeals by special leave turn on the interpretation of Section l9,(2) of the Prevention of Food Adulteration Act, 1954 hereinafter referred to as the Act.

2. The appellant was acquitted by the Judicial Magistrate. The High Court at Bombay reversed the acquittal and convicted the appellant under Section 16 (1) (a) (ii) of the Act.

3. Section 16 (1) (a) (ii) states that if any person inter alia sells or distributes any article of food in contravention of any of the provisions of the Act or of any rule made thereunder he shall. in addition to the penalty to which he may be liable under the provisions of Section 6, be punishable with imprisonment for a term which shall not be less than six months but which may extend to six years, and with fine which shall not be less than one thousand rupees.

4. The appellant was sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1000.

5. The appellant is a grocer. He sells compounded asafoetida. He purchased compounded asafoetida in sealed tins from the New India Hing Supplying Company, Bombay. In August, 1967, the Food Inspector purchased 300 grams of asafoetida for the purpose of analysis. The Foo