STATE OF GUJARAT Vs. BAKIRBHAI FAKRUDDIN BAJI

JUDGEMENT

(1.) STATE is in appeal against the sentence of one month of simple imprisonment and fine of Rs. 500 imposed for breach of the provisions contained in section 7 (3) of the Prevention of Food adulteration Act (hereinafter to be referred to as 'the said Act') and additional and consecu-tive sentence of one month and fine Rs. 500 for breach of Rule 32 and 50 of the prevention of Food Adulteration Rules 1955.

(2.) IT is not in dispute that no adulteration in food item (honey in the present case)was detected. However, the case of the State was that storage and sale, etc. of the food item was without proper licence and packaging. Be that as it may. The learned Judge has found that the accused guilty of breach, of certain procedural requirements.

(3.) ON behalf of the State, learned APP, submitted that the learned Judge ought not to have awarded such a lenient punishment. He drew my attention to Section 16 of the said Act which prescribes punishment for different offence and in which as a norm certain minimum punishment is prescribed. However, the learned Judge relied on further proviso to sub-section (1) of Section 16 to impose lesser punishment. Proviso to section 16 reads as follows: