STATE Vs. VINAYAK PANDHARI NATH KOKATE

JUDGEMENT

(1.) This is an appeal by the State for enhancement of the sentence awarded to the respondent-accused by the Judicial Magistrate, First Class, Aurangabad.

(2.) It appears that the Food Inspector visited the shop of the accused and took sample of Shev on 25th Feb., 1974. The sample was sent to the Public Analyst who opined that it was adulterated under section 2(i)(j) as it was mixed with metallic yellow colour which was non-permissible. On these facts the accused was prosecuted.

(3.) Strangely enough without recording even the evidence of the Food Inspector the learned Magistrate who apparently tried the case under Chapter XXI of the Code of Criminal Procedure, 1973, as a summary triable case, framed a cryptic charge against the accused under section 7(i) read with section 16(1) of the Prevention of Food Adulteration Act and the accused having pleaded guilty to the charge and claimed for mercy, convicted and sentenced him to pay a fine of Rs. 150.00 by observing that the accused is poor and he shall improve.