JUDGMENT

Sureshwar Thakur, J. - The learned Judicial Magistrate, 1st class, Theog, District Shimla, upon case No. 13-3 of 2006, as arose from a complaint made by the Food Inspector, under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, (hereinafter referred to as, "the Act"), made an order of conviction upon the accused. Through a separate order drawn on 6.9.2007, he sentenced the accused to suffer simple imprisonment, of six months each, and, also sentenced them to pay a fine of Rs. 1000/- each, for the charge drawn under Section 16(1)(a)(i) of the Act. The learned Judicial Magistrate, through the afore drawn order also made a direction, that upon default of the accused, depositing the afore imposed fine upon them, thereupon, they shall further undergo simple imprisonment, for one month. However, the period of confinement, already undergone by the convicts during investigation and trial, was ordered to be set off, against the afore imposed sentence of imprisonment, upon each of the accused.

2. The verdict made by the learned Judicial Magistrate, 1st Class, Theog, District Shimla, was appealed by the aggrieved, before the learned Additional Sessions Judge, Shiml