JUDGMENT

K.L. Shrivastava. J. - This revision petition is directed against the appellate order dated 5-3-84 passed by the 3rd Additional Sessions Judge, Indore in Criminal Appeal No. 350 of 1982.

2. Circumstances giving rise to this petition are these. The Food Inspector of the appellate Corporation had on 31-8-77 obtained sample of the rapeseed oil from the non-applicant No. 1 Kishanlal. On analysis it was, on saponification test, found to be adulterated. He was, therefore, prosecuted and the learned trial Magistrate at the conclusion of the trial convicted him under Section 7(D) read with section 16 (I) (a) (i) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act') and sentenced him to R.I. for six months and fine of Rs. 1000/.

3. The non-applicant No. 1 preferred the aforesaid appeal wherein his conviction has been maintained but only the sentence of imprisonment has been reduced to imprisonment till the rising of the Court.

4. Aggrieved by the aforesaid appellate order the Corporation has preferred the present revision petition contending that the sentence being below the prescribed minimum is illegal and deserves to be interfered with in exercise of revisional