JUDGMENT

Dalal, J. - This application must succeed on both the grounds raised on behalf of the applicant. The applicant has been convicted of an offence u/s 4, United Provinces Prevention of Adulteration Act 6 of 1912(Local). There is a mandatory injunction in Section 15(2) of the Act that every summons issued in a prosecution u/s 4 and Section 10 shall specify particulars of the offence charged and the name of the prosecutor besides other information. In the summons no particulars were given; nor was the name of the prosecutor given. The particulars were essential in this case because even now I have not understood the exact reason or rather the exact charge on which the applicant has been convicted. If the particulars had been stated in the charge a Court of revision would have had an opportunity to test the particulars and discover whether they amounted to an offence u/s 4. What the learned Judge says I am afraid I am unable to understand. What happened in this case was that, according to the Magistrate, 21 canisters of ghee were found in a store-room of the applicant who sells ghee ordinarily as his business. The trial has been so perfunctory that I cannot discover whether every