STATE OF MAHARASHTRA Vs. JWALAPRASED DUBE

JUDGEMENT

(1.) THE accused Jwalaprased Dube was tried under Section 16 read with Section 7 of the Prevention of Food Adulteration Act and has been convicted on his own plea of guilty. The public analyst's report on the milk sold by the accused shows that it contained 28. 8% water and the public analyst has certified that the sample which he examined contained extraneous water clearly implying thereby that it was added by the accused.

(2.) THE Magistrate has sentenced by accused to pay a fine of Rs, 75 or in default of payment of fine to suffer rigorous imprisonment for a period of 15 days. The requirements of the law are clear. The normal minimum penalty for selling any adulterated article of goods is imprisonment for not less that six months and fine which shall not be less than one thousand rupees. This is the minimum sentence which must be imposed according to the law.

(3.) THERE is no doubt a proviso which says that for any adequate and special reason to be mentioned in the judgment, the Magistrate may impose a lesser sentence, but the Magistrate in my opinion has not given any special reasons much less adequate reasons nor am I able to find any upon the record.