JUDGMENT

SEN, J. — This appeal by special leave is directed against the judgment and sentence of the Punjab and Haryana High Court dated March 3, 1982 by which the High Court has set aside the order of acquittal recorded by the Judicial Magistrate, First Class, Moga dated March 14, 1980 and convicted the appellant under Sec. 7 read with Section 16(l)(a)(i) of the Prevention of Food Adulteration Act, 1954 (Act for short) and sentenced him to undergo rigorous imprisonment for a period of six months and a fine of Rs. 1,000/-, and in default, rigorous imprisonment for a further period of three months.

2. The questions in this appeal are, firstly, a question of law as to whether the word damaged appearing in the proviso to sub-section (2C) of S. 13 of the Act is susceptible of a wider construction as to include damage due to any cause including decomposition; and secondly a mixed question of fact and law, as to whether the kutcha khoya sold by the appellant was adulterated i.e. not of the nature, substance or quality prescribed by law.

3. The relevant facts are these. The appellant runs a sweetmeat shop at Sadar Bazar, Moga, On January 3, 1978 Dr. Paramjit Singh, Medical Officer, R. D. Ra