JUDGMENT :

ABHAY S. OKA, J.

Leave granted.

1. The appellant has been convicted for the offence punishable under Section 16(1)(a)(i)(ii) of the Prevention of Food Adulteration Act, 1954 (for short “the said Act of 1954”). The allegation against the appellant was of violation of clauses (i) and (v) of Section 7 of the said Act of 1954.

2. The case of the prosecution is that on 16th January 2002 the appellant was selling chana daal in weekly market in Kagpur when the Food Inspector came there and called upon the appellant to show licence. However, the appellant failed to show any licence. The Food Inspector purchased 750 gms of chana daal from the appellant. The said quantity was divided into three parts and was sent for examination to Public Analyst. The report of Public Analyst showed that the chana daal was adulterated. Judgment and Order of conviction was rendered by the Judicial Magistrate First Class on 12th October 2007. The learned Magistrate convicted the appellant to undergo rigorous imprisonment for six months and to pay fine of Rs. 1000/-. In default of payment of fine, he was directed to undergo rigorous imprisonment for one month. In appeal preferred by the appellant, the Se