( 1 ) THIS Revision Application is directed against the order of the learned Sessions Judge Kaira at Nadiad in Criminal Appeal No. 148/76 whereby he confirmed the conviction of the applicants under sec. 2 (1) (5) read with sec. 16 (1) (A) of Prevention of Food Adulteration Act 1954 (hereinafter called as the Act) while reducing the sentence of applicant No. 1. Mohanlal Maganlal Sindhi to S. I. till the rising of the court and fine of Rs. 10 R. I. for one month Barring this modification in sentence of applicant No. 1 the appeal came to be dismissed and the applicants were directed to surrender to their bail. The applicant being aggrieved by this decision of the learned Sessions Judge has come in revision complaining that the mandatory Rules 17 and 18 of the Prevention of Food Adulteration Rules 1955 (hereinafter called the Rules) were violated in the instant case and hence the conviction recorded by both the courts should Pot be sustained. The facts relevant for the disposal of this application are as under :

( 2 ) OPPONENT No. 2 Ramanlal Punjabhai Sharma was serving as Food Inspector Anand Nagarpalika on 15th July 1975 On that date at about 4 P. M. he visited the sho