BHAVNAGAR MUNICIPALITY Vs. NAVNITRAI DIPCHAND

JUDGEMENT

(1.) This application has been made by the Bhavnagar Municipality through its Food Inspector J. J. Trivedi for enhancement of the sentences passed against respondents Nos. 1 and 2 for offences punishable under sec. 16(1)(A)(i) and 16(1)(A)(ii) of the Prevention of Food Adulteration Act 1954 The case was tried by the learned Judicial Magistrate First Class Bhavnagar and the two accused who were partners of the firm of Chandulal Hasmukhrai from whom the adulterated groundnut-oil was found had pleaded guilty to the charge.

(2.) The prosecution case was that the complainant had purchased ground-nut oil from accused No. 1 who was present at the godown where the partnership firm was dealing in ground-nut oil. There were packed and unpacked tins of ground-nut oil and the Food Inspector of the Bhavnagar Municipality had taken samples from unpacked tins as also from the packed tins after following the usual procedure. The analysis by the Public Analyst showed that the samples contained castor-oil and did not conform to the various tests. At the trial the accused pleaded guilty but they prayed for mercy on the grounds that (1) they had purchased the oil from the New Swastik Oil Mills (2) they did not know the requirements of law (3) they had stopped their business (4) they were young men and (5) this was the first offence alleged against them. The learned Magistrate felt that the ends of justice would be served if under the proviso to sec. 16(i) a lesser punishment is awarded to the accused in view of the above reasons. He therefore convicted the accused under secs. 16(1)(a)(i) and 16(1)(A)(ii) of the Prevention of Food Adulteration Act. He sentenced each of the accused to imprisonment the rising of the Court and to pay a fine of Rs. 50/in default of payment to undergo S. I. for 20 days for the offence under sec. 16(1)(A)(i). He also sentenced each of the accused to imprisonment till the rising of the Court and to a fine of Rs. 20/in default of payment to undergo S. I. for 7 days for the offence punishable under sec. 16(1)(A)(ii) of the said Act. No separate sentences were passed in respect of the another case also against the accused and he directed that the ground-nut oil tins lying with the Municipality be destroyed.

(3.) Against the order of sentence by the learned Magistrate a revision application was filed in the Court of the Sessions Judge at Bhavnagar asking for enhancement of the sentences. The learned Sessions Judge felt that the reasons given by the learned Magistrate were cogent reasons and he saw no reason to interfere with the sentences passed by the learned Magistrate and hence he dismissed the revision application. Thereafter the present revision application was filed before this High Court praying for enhancement of the sentences passed against the accused.