THE STATE Vs. TUKARAM GOPAL KURDE

JUDGEMENT

(1.) This is an appeal by the State for enhancement of the sentence awarded to the respondent-accused.

(2.) It appears that on 9th Aug., 1974, the Food Inspector went to the hotel of the accused and he took sample of prepared tea without milk. The sample was sent to the Public Analyst. The Public Analyst by his report Ex. 18, opined that the test for saccharine was positive and he further said that it was a non-permitted artificial sweetner in prepared tea. On these facts the accused was prosecuted.

(3.) The accused pleaded guilty to the charge and prayed for leniency. He submitted that he is a very poor man and started his hotel recently and that that was his first offence and that since the date of the incident he was more careful. The learned Magistrate accepted the plea and having convicted the accused sentenced him to suffer imprisonment till the rising of the Court and to pay a fine of Rs. 150.00.