(1.) THE present appeal, under section 377 of the Code of Criminal Procedure, 1973, is directed for enhancement of the sentence passed by the Judicial Magistrate, First Class, Jasdan vide the judgement and order dated 21. 11. 1990 in Summary Case No. 274 of 1988 whereby the accused have been convicted under sections 7 and 16 of Prevention of Food Adulteration Act. The accused were ordered to undergo imprisonment till rising of Court and a fine of Rs. 1000/- in default to undergo simple imprisonment for 30 days.
(2.) THE brief facts of the prosecution case are that the complainant, upon information, visited the shop of the accused herein and after introducing himself as a Food Inspector to accused, purchased sample of chilly powder in the presence of panch witness and in compliance of provisions under the PFA Act. The sample was then sent for analysis. According to the report of Public Analyst, the muddamal sample was found adulterated.
(3.) IT was contended by Mr. Kodekar, learned APP that the judgement and order of the trial Court is against the provisions of law; the trial Court has overlooked the provisions of the Act wherein the minimum sentence prescribed is six months R. I. He has submitted that considering the provisions of law the sentence is unduly lenient and inadequate and requires to be enhanced.