STATE OF MAHARASHTRA Vs. JIVAN GOVINDRAO SHEDGE

JUDGEMENT

(1.) Both these appeals have been filed by the State against the order dated 1 st March 1975 passed by the Judicial Magistrate, first Class Railways Aurangabad. The first is for enhancement of the sentence imposed on original accused Nos. 1 to 4 and the second is against the acquittal of original accused No. 5.

(2.) Four person as partners of Bhim Bharat & Co. were prosecuted for an offence under section 7 (i) read with section 16 of the Prevention of Food Adulteration Act, 1954..The firm was impleaded as accused No 5, Accused Nos. 1 to 4 pleaded guilty and were convicted. Each of them was sentenced to pay a fine of Rs. 150/: in default, to undergo rigorous imprisonment for one month. No order was passed in respect of accused No. 5, which is taken to mean that the firm has been acquitted. The first appeal for enhancement is in respect of the sentence imposed on accused Nos. 1 to 4. The other appeal is against the acquittal of accused No. 5.

(3.) There was delay in filing both the appeals, in, the first one, the delay was of 86 days and in the second, the delay was of 56 days, An application was- filed in each of these for condoning the delay. The main ground given was as follows :-