STATE Vs. SABIR K. DUDHAVALLA

JUDGEMENT

(1.) This is an appeal by the State for enhancement of the sentence awarded to the respondent - Accused who has been convicted for an offence under section 16 read with section 7(i) of the Prevention of Food Adulteration Act and has been sentenced to pay a fine of Rs. 250.00 in default to suffer S.I. for 15 days.

(2.) It is not disputed that the Food Inspector took sample of unboiled buffallo milk from the accused. The sample was found to be adulterated inasmuch as the extent of fat which is required under the rules was not found in it.

(3.) The accused pleaded guilty to the charge and he prayed for mercy on the ground that he purchased milk from others. Toe learned Magistrate rightly thought that the case is covered by proviso to section 16 and that it was a fit case for awarding a sentence below the minimum. He accordingly awarded a fine of Rs. 250.00. The State has filed this appeal for enhancement of sentence. State