JUDGMENT V.N. Misra, J. - This is an application in revision by Bridhi Chand against the judgment and order dated 9-9-1981 of Sri Khem Karan, VII Additional Sessions Judge, Deoria, in Criminal Appeal No. 2 of 1981 by means of which he dismissed the appeal and confirmed the conviction and the sentences awarded to the applicant under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (hereinaiter referred to as the Act). 2 Briefly stated the prosecution case was that on 5-3-1979 at about 4 P.M Mahabir Prasad Agarwal, Food Inspector, Deoria, found the applicant selling mustard oil and exposing it for sale in his shop. Suspecting the oil to be adulterated, he disclosed his identity and took a sample of this oil and paid its price This oil was sealed in three clean bottles and one of these, when sent to the Public Analyst, was found to be adulterated because it had 32 per cent of linseed oil ( ka Tail) mixed with it. Sanction of the Chief Medical Officer was, therefore, obtained and the applicant prosecuted resulting in his conviction as aforesaid. 3 The first point raised was that Section 13(2) of the Act was breached ` This complaint was tiled on 14-5-1979. The statement of the Food Inspector is that on 17-5-1979 copy of the report of the Public Analyst along-5th the intimation was sent to the applicant. A copy of the intimation sent is on record and is dated 17-5-1979. The postal receipt also shows that it was on the 17th The month is not clear of the report; but the date 17th and he year 1979 are very clear. Register, in which the posting of this intimation was entered was not filed, but it could be called by the applicant therefore, it has not been shown that there was any breach of Section 13(2) of the Act. 4 Then it was urged that the sanction given was on a printed form, the details were typed-out and then the Chief Medical Officer mechanically Signed it In this sanction it was mentioned that seven papers were placed before the Chief Medical Officer. Nobody said whether these papers were not perused by the Chief Medical Officer. 5 Deputy Chief Medical Officer Dr. R.B. Singh P.W. 3, who accord-84 the sanction was himself examined. Nobody said whether these papers were not perused by the Chief Medical Officer. 5 Deputy Chief Medical Officer Dr. R.B. Singh P.W. 3, who accord-84 the sanction was himself examined. He stated that he saw the papers Led before him and then signed. He also stated that on 2-5-1979 he was officiating as Chief Medical Officer. 6 At the time when the sample was drawn two witnesses Bharat Prasad and Raghu Nath were present out of them Bharat Prasad was examined J D W He stated that no sample of oil was taken from the applicant fore him and his signatures were obtained by the Food Inspector later on and be is illiterate and the form was not filled up. This could not be believed because signatures of witnesses are obtained at the time when the sample is and the Food Inspector could never have searched out D.W. Bharat Prasad to take his signatures subsequently in a surreptitious manner. 7. The learned counsel for the applicant, further contended that when lie signatures were denied by the applicant, his signatures should have been sent to expert for opinion and the opinion obtained should have been put to the applicant under Section 313 of the Code of Criminal Procedure. The applicant denied that any sample was taken from him, but his signatures were found on the labels and on the packages in which the bottles were sealed and if his signatures were to be forged, they would not have been forged at so many places and the Food Inspector could not be interested in forging these signatures. Therefore, none of the pleas raised by the learned counsel for the applicant prevail. 8. The revision is, therefore, dismissed, conviction of the applicant is maintained, but his sentence of imprisonment is reduced to three months rigorous imprisonments but the sentence of fine of rupees one thousand is maintained as it is under the proviso to Section 16 of the Act. He is on bail and shall be taken into custody forthwith to serve out the modified sentence.