JUDGMENT 1. - This is an appeal against the judgment of learned Chief Judicial Magistrate, Jodhpur dated 31.3.1976 whereby the learned lower court has held accused Banji guilty of the offence under section 7(1)/16 of the Prevention of Food Adulteration Act, 1954 and sentenced him to imprisonment till rising of the court and to pay a fine of Rs. 300/- in default he has been ordered to undergo simple imprisonment for 15 days. 2. The facts giving rise to this appeal briefly stated are that Food Inspector Shankerlal Parihar checked the shop of the accused in Jodhpur on 24.1.1974. He found 12kg. of 'Til oil' in his shop. He took sample of the oil and sent it for chemical analysis. It is found that the oil was highly adulterated, and therefore, the learned lower court has convicted the accused as aforesaid. The State has come in appeal for enhancement of sentence. 3. We have heard Dr. S.S. Bhandawat, learned Public Prosecutor for the State and Mr. Jaswantmal for the respondent accused. Mr. Jaswantmal has submitted that the respondent is aged 77 years. He has already left this business and he is under attack of paralysis presently. The accused at the time of the offence was a petty dealer in 'Til oil' the total stock of oil with him was 12kg. only. He has already been held guilty of the offence under section 7(1)/16 of the P.F.A. Act and has been sentenced as aforesaid. The offence was committed on 24.1.1974. After the expiry of more than 12 years we do not feel inclined to enhance the sentence. 4. The appeal has, therefore, no force and it is hereby dismissed.Appeal dismissed. *******