The revision petitioner was convicted under Section 16, 2 and 7 of the Prevention of Food Adulteration Act (hereinafter called the 'Act') read with Rules 32 and 47 of the rules framed thereunder and released on admonition, by the Chief Presidency Magistrate, Madras.

2. The revision petitioner is the Plant Superintendent of the Southern Bottlers Pte. Ltd., who are the manufacturers of a beverage - aerated water, known as Coca Cola. A complaint was received from Dindigul to the effect that the Coca-Cola that was being marketed there was found to cause intoxication and the complaint was forwarded to the Government for necessary action being taken, P.W. 1 Ramachandran, the Sanitary Inspector of 66-67 Dns. Madras, went to Messrs. Southern Bottles Pte. Ltd. at 26 Mount Road, at about 9.30 a.m. on 22-7-1968 and after observing the formalities, he took nine bottles of Coca Cola from the place where it was manufactured and paid the price therefor to the revision petitioner who was present then.

On analysis by the Public Analyst, it was found that the sample was sweetened artificially with the addition of 0.03 per cent of saccharine. According to the Public Analyst, though the marg