Judgment

GOSWAMI, J.:- The appellant was convicted by the Judicial Magistrate, Udgir, under Section 16 (1) (a) (i) proviso (i) of the Prevention of Food Adulteration Act, 1954, read with Section 2 (i) (1) and Section 7 (i) of the said Act and sentenced to simple imprisonment till rising of the court and to pay a fine of Rs. 500/-, in default rigorous imprisonment for two months. The appellants father who was also charged for the same offence was, however, acquitted.

2. The charge against the appellant was that he sold chilli powder which was adulterated inasmuch as the percentage of the total ash was more than the permissible limit. The sample of chilli powder which was seized by the Food Inspector on April 13, 1974, contained 37.25% of the total ash against the permissible percentage of 8% It was stated in the Analysts report that the percentage of extraneous matter which was common salt mixed with the chilli powder was 32.4% The learned Magistrate found that the chilli powder was adulterated within the meaning of Section 2 (i) (1) although the prosecution was on the basis of the article being adulterated within the meaning of Section 2 (i) (c) of the Prevention of Food Adulteration