ORDER :

1. The appellant assails his conviction under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (for short “the Act”) sentencing him to three months’ imprisonment along with fine of Rs. 500/-.

2. The Food Inspector visited the shop of the appellant and purchased three packets of rewari weighing 3 x 700 gms each on payment of Rs. 60/- for which receipt was granted. The necessary formalities were thereafter complied with by the Food Inspector. The sample along with Form VI was sent to the public analyst who opined that the product was misbranded within the meaning of Section 2(ix)(k) punishable under the Act.

3. The appellant assailed his conviction unsuccessfully in appeal and his revision too has been dismissed by the High Court.

4. Learned counsel for the appellant made a very short submission before us relying on an order dated 10.03.2016 in Criminal Appeal No. 214 of 2006. He submits that under Sections 51 and 52 of the Food Safety and Standards Act, 2006, the maximum penalty for sub-standard food or branding is only fine. He, therefore, submits that the conviction may be set aside on that ground.

5. Learned counsel for the State has opp