A.K.SARKAR, J.

(1) THE respondent was prosecuted before the Judicial Magistrate, Barabanki, for offences under cls. (i) and (iii) of s. 7 of the Prevention of Food Adulteration Act, 1954, for selling adulterated milk and for selling milk without a licence. The learned Magistrate found that the offences had been proved and further that, the respondent had committed the offences for the third time. Under cl. (a) (iii) of sub-sec. (i) of s. 16 of the Act, in the absence of special and adequate reasons to the contrary, for a third offence the imprisonment to be awarded cannot be for less than two years and the fine to be imposed not less than three thousand rupees. Section 32 of Criminal Procedure Code however provides that a Magistrate of the first class shall not have power to impose a sentence of fine exceeding rupees two thousand. Under the impression that his power as a Magistrate of the first class to impose sentence was limited by s.32 of the Code the learned Judicial Magistrate committed the respondent to stand his trial before the court of Session, presumably acting under s. 347 of the Code of Criminal Procedure.

(2) THE respondent was thereupon tried by a learn