STATE OF GUJARAT Vs. RASIKLAL AMEDBHAI SHAH

JUDGEMENT

(1.) In this appeal for enhancement of sentence under Section 377 of the Code of Criminal Procedure 1973 (the Code for short) the appellant-State has questioned the adequacy of the sentence order passed by the learned Judicial Magistrate (First Class) at Savli in Criminal Case No. 286 of 1983 on 9.5.1983 whereby the respondent-accused is awarded sentence till rising of the Court and the sentence of Rs. 500/-. and in default imprisonment for one month for the offence punishable under Sections 7 and 16 of the Prevention of Food Adulteration Act 1954 (the Act for short).

(2.) A resume of the material facts giving rise to the present appeal may shortly be narrated at this stage so as to appreciate the merits and challenge against it.

(3.) According to the prosecution case on 2.3 at about 2.00 p.m. Respondent No.2- original complainant Mr. K.A. Patel Food Inspector visited the shop of Respondent No.1-original accused known and as Bhavnagari Farsan Mart at Khadia Bazar Savli and purchased 900 gms of Dudhi-Halva on payment of Rs. 12. The said food article Dudhi-Halva had silver leaf or foil on it. The complainant divided the said food article into three bottles equally and sealed them in presence of Panchas. One of the bottles containing the sample of food article was sent to the Public Analyst at Baroda for analysis and report.