STATE OF MAHARASHTRA Vs. BOXUMAL JIYANDMUL GANGWANI

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, Ulhasnagar, on 3rd October, 1975.

(2.) The facts giving rise to this appeal are briefly these : On 16th June, 1973, Mr. Barde, the Food Inspector went to the grocery shop of the accused at Ulhasnagar. He noticed that Lakh dal was kept for sale in the shop. He asked for sample of Muttar dal and he purchased 750 grams of Muttar dal from the accused for analysis. The sample was sent to the Public Analyst, Poona. As appears from the report (Ex. 7) of the Public Analyst found that the sample was not at all Muttar dal and that on the other hand it was cent percent Lakh dal and that the hydrochloric acid test for Lakh dal was positive. He, therefore, opined that the sample was misbranded under section 2(ix)(c) and adulterated under section 2(i)(h) of the Prevention of Food Adulteration Act, 1954 read with Rule 44-A of the Prevention of Food Adulteration Rules, 1955. It is on these facts that the accused was prosecuted.

(3.) Mr. Barde, the Food Inspector was examined before charge on February 5, 1975. The case was then adjourned for cross before charge. As the roznama shows it was being adjourned for that purpose from time to time. Ultimately on October 3, 1975, the record shows that the charge was explained to the accused and he was asked whether he wanted to plead guilty to the charge and the accused replied "yes, I am filing my written statement." On that very day the accused filed his written statement (Ex. 17) stating inter alia, that he is a petty shop keeper and he purchases articles locality for sale and that the Dal was kept for animal fodder and there was board over the same indicating that it was for animal use and that it was not meant for human consumption. This written statement is concluded by saying that the accused may be shown mercy and that it was his first offence.