JUDGMENT

Dr. ANAND, J.:—The appellant was convicted for an offence under S. 7(1) read with Section 16(1-A) (i) of the Prevention of Food Adulteration Act 1954 (hereinafter the Act) by the Additional Judicial Magistrate, 1st Class, Trivandrum on 17-7-1981 and sentenced to suffer one year R.I. and to pay a fine of Rs. 2000/- and in default to undergo imprisonment for three months. The conviction and sentence were upheld by the Additional Sessions Judge, Trivandrum who dismissed his appeal on 28-10-1981. Criminal Revision Petition No. 459 of 1981 filed in the High Court of Kerala also failed on 8th August, 1984. It is, thereafter, that he has come up to this Court by appeal on special leave being granted.

2. On 12-2-1980, the Food Inspector of the Corporation of Trivandrum after disclosing his identity purchased from the appellant 600 gms. of ice-stick and paid Rs. 1.25 One of the samples was sent to the Public Analyst at Trivandrum, who vide report dated 6-3-1980 opined that the said sample contains artificial sweeteners sacharin and dulcin and is therefore adulterated. The Public Analyst also stated in his report that the use of dulcin in food articles is not permitted on account of t