STATE OF GUJARAT Vs. KISHORKUMAR LAXMIDAS

JUDGEMENT

(1.) Both these appeals are arising out of the judgment and order of conviction and sentence passed by the learned Judicial Magistrate, First Class, Mandvi-Kutchh rendered in Criminal Case No.1782 of 1992 on 26th April, 1996, whereby the accused was charged for the offence punishable under Sections 7 (1) and 7 (2) read with Section 16 (1-A) of the Prevention of Food Adulteration Act, 1954. The appellant accused was sentenced to undergo six months simple imprisonment and to pay a fine of Rs. 2,000/-, in default thereof, further to undergo two months simple imprisonment.

(2.) Criminal Appeal No.621 of 1996 is 5 preferred by the State of Gujarat for enhancement of sentence making grievance that the learned trial Judge ought to have imposed more harsh punishment in view of the nature of offence proved against the i accused and no lenient view was required to be taken. The substantive sentence imposed is grossly inadequate.

(3.) The accused-convict has challenged the order of conviction and sentence recorded by learned Judicial Magistrate First Class, Mandvi at Kutchh by filing Criminal Appeal before the District Court, Kutchh at Bhuj. On admission of the appeal preferred by the State for enhancement of the sentence, the Court has directed the Registry to get the appeal filed by the accused and pending before the Court of Sessions of District Kutchh at Bhuj treating the said appeal transferred to this Court. It was also ordered by the Court that the appeal against the order of conviction and sentence preferred by the accused-convict being Criminal Appeal No.473 of 1998 be heard alongwith the Criminal Appeal No.621 of 1996 filed by the State of Gujarat vide order dated 2nd May, 1998.