JUDGMENT :

A.M. Ahmedi, J.

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 section 2(1)(a) read with section 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. 1,000/-, in default 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 applicants being aggrieved by this decision of the learned Sessions Judge have 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 not be sustained. The facts relevant for the disposal of this application are as under.

2. Opponent No. 2, Rumanlal Punjabkai Sharma, was serving as Food Inspector, Anand Nagarpalika on 15th July, 1975. On that date at abou