TYAGI, J.—These are two connected cases which may well be disposed of by one single judgment. S. B. Criminal Revision No. 428 of 1963 is a revision application filed by the petitioner Badri against his conviction and sentence passed under sec. 7/16 of the Prevention of Food Adulteration Act by the Municipal Magistrate, Jodhpur, on 4th June, 1963, and upheld by the appellate court whereby he is to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2000/- and in default of payment of fine to further undergo rigorous imprisonment for ten months. Learned Additional Sessions Judge, while disposing of the appeal of the petitioner, recorded his conclusion that under the circumstances of the case, the offence committed by the petitioner was the third one and therefore his sentence of imprisonment in accordance with the provisions of the law should be enhanced from one years rigorous imprisonment and the fine be increased from Rs. 2,000/- to Rs. 3,000/-. A reference (D. B. Criminal Reference No. 279 of 1963) is therefore made by the learned Additional Sessions Judge for the enhancement of the punishment of the petitioner.

2. The facts of the prosecution case are that on 14th

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