JUDGMENT V.N. Misra, J. - This is an appeal by Ramesh accused who has been convicted under section 7/16, Prevention of Food Adulteration Act by Sri J.S, Singhal, IV Additional Sessions Judge, Azamgarh and has been sentenced to undergo rigorous imprisonment for one year and also to pay a fine of Rs. 1000/- or in default to undergo further rigorous imprisonment for three months. 2. The prosecution case was that Ramesh Prasad appellant had a Kirana shop in the main market of Mau town in District Azamgarh. This shop was situate in Mohalla Dan Kabeer and the appellant was selling spices, food-grains, edible oils etc. in this shop. On 13-11-1975 at about 4 P. M. Tej Bahadur Singh Food Inspector of Nagar Palika Mau visited his shop and purchased 450 gms. of Jira for analysis. The price of this Jira was paid and it was divided in there equal parts and separately sealed in clean plastic bags. One of these was given to the appellant and one was sent to the Public Analyst who examined this Jira and found that it contained organic extraneous and inorganic extraneous matter exceeding the maximum permissible limit of 5 per cent and 2 per cent respectively. Sanction was, therefore, obtained from D.M. O. H. and a complaint was filed against the appellant. In this complaint he has been convicted as aforesaid. 3. The appellant contended that the Food Inspector purchased Jira from him on 10-11 1975 and then called him on 13-11-1975 and made him sign the papers. 4. A copy of the notice given to the appellant by the Food Inspector has been filed to show that the signatures of Ramesh Prasad were obtained on notice and then something was written on this notice and over that writing a date was over-written underneath these signatures of Ramesh Prasad. According to the learned counsel this indicated that the Jira was not purchased as sample on 13-11-1975 and therefore the contention of the appellant that it was purchased on 10-11-1975 seems to be correct. That is impossible to say from this copy of the notice alone whether the notice was prepared and then the date was overwritten on it underneath the signatures of Ramesh Prasad or whether the signatures with date were made on the notice earlier because whatever happened it was highly clumsy. That is impossible to say from this copy of the notice alone whether the notice was prepared and then the date was overwritten on it underneath the signatures of Ramesh Prasad or whether the signatures with date were made on the notice earlier because whatever happened it was highly clumsy. If the notice had been prepared and written out then Ramesh Prasad had no business to sign it and to put a date on that writing and if the signatures and date existed from before the Food Inspector had no business to make the writing over the date written. It is therefore, impossible to say from this notice alone what happened and how was this date overwritten on a line of the notice. In defence two witnesses D.W.l Ram Deo and D.W.2 Brajbasi were examined. They stated that the Food Inspector purchased Jira from the shop of the appellant on November 10 and the papers were got signed by him on that date. It was however, impossible for these witnesses to remember on what date the Inspector purchased the Jira and that it was purchased on the 10th November and not on the 13th. Since it was proved that the sample of Jira being sold by the appellant was taken and on being analysed it was found to be adulterated, therefore, the conviction of the appellant must be maintained. 5. While, therefore, this appeal is dismissed and the conviction of the appellant maintained the sentence is reduced to six months R.I. and a fine of Rs. 1,000/- or in default further rigorous imprisonment for three months. The appellant is on bail. He shall be taken into custody and sent to Jail to serve out his sentence.