1. Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State.

2. The petitioner has been made accused in this case on the ground that he was selling Anand Aqua bottled drinking water which was allegedly misbranded, as such cognizance has been taken for the offences under Section 16(1) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act). Section 16(1) of the Act is the penal section with respect to manufacture, sale, store or distribution of any article of food. It is alleged that the bottled drinking water was misbranded as it did not mention "BEST BEFORE" in capital letters rather it was printed in small letters.

3. Misbrand has been defined in Section 2(ix) of the Act, which reads as follows: (ix) "misbranded"-an article of food shall be deemed to be misbranded (k) if it is not labeled in accordance with the requirements of this Act or rules made thereunder. Therefore, it appears that the petitioners case falls within sub-section (k) of Section 2(ix) of the Act.

4. Rule 32 of the Act envisages that month and year in capital letters upto which the product is based for consumption should be provided in the fo