S S MAKWAN Vs. BIRJU HASMUKHLAL KAPADIA

JUDGEMENT

(1.) THIS petition has been filed on behalf of the Ahmedabad Municipal Corporation questioning the legality of order dated 25.6.2010 passed by the learned Magistrate under the Prevention of Food Adulteration Act imposing punishment of fine of Rs.1500/- on each accused and also sentencing them to imprisonment till rising of the Court.

(2.) LEARNED counsel for the respondent pointed out that the learned Magistrate had relied on the observations made by this Court in the case State of Gujarat v. Dahyabhai Jiotaram Raval, 2008 (2) FAC 465 in which it was observed as under: