CHHANGANI, J.—This is a revision by the accused Asuram against the appellate order of the Sessions Judge, Balotra dated 28.7.1959 maintaining his conviction under sec. 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as an Act) and sentence of three months rigorous imprisonment and a fine of Rs. 200/- and in default a further simple imprisonment for one month.

2. The facts giving rise to the revision may be briefly stated as follows:—

On 22.7.1959 S.S. Rathore, Food Inspector, Balotra purchased a sample of til-oil from the accused. The til-oil thus purchased was filled in three bottles each of which was properly sealed and labelled. Out of the three bottles, one was sent by the Food Inspector to the Public Analyst for examination; the other was given out to the accused and the third was kept for being produced in Court and was ultimately so produced. On an examination by the Public Analyst the til-oil was found to be not of the prescribed standard of purity. The Food Inspector thereupon after obtaining the consent of the Assistant Director of Health Services, Jodhpur Division Jodhpur filed a complaint under sec. 16 of the Act and produced along with the co

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