STATE OF GUJARAT Vs. HARISHKUMAR S VYAS

JUDGEMENT

(1.) The respondents in these three appeals were tried before the different learned Judicial Magistrates for an offence punishable under sec. 16 read with sec. 7 of the Prevention of Food Adulteration Act 1954 (hereinafter referred to as the Act) and sentenced to imprisonment till the rising of the Court and to pay fine on the respective respondents pleading guilty to the charge framed against them. Being dissatisfied with the sentence imposed by the learned Judicial Magistrates in all these cases the State of Gujarat has filed these appeals for enhancement of sentence under sec. 377 of the Code of Criminal Procedure 1973 The respondents have appeared in response to the notices served upon them.

(2.) As these three appeals can be disposed of by a common order the contention in all these cases being that the accused pleaded guilty on account of plea-bargaining these appeals are heard together and they are being disposed of by this common judgment.

(3.) Having heard the learned Addl. Public Prosecutor Mr. D. K. Trivedi for the State and the learned advocates for the respondents- accused 1 am inclined to set aside the order of conviction and sentence recorded by the learned Judicial Magistrates in all these cases and remand the cases to the learned Judicial Magistrates for trial according to law for the reasons which follow.