STATE OF MAHARASHTRA Vs. MAHABOOB VAZIRSAHEB SHAIK

JUDGEMENT

(1.) This is an appeal by the State for enhancement of the sentence and in the alternative the State has also filed a revision application for sending the case for retrial.

(2.) It appears that the Food Inspector took milk from the accused for analysis, on 6th October, 1973. The sample being sent to the Public Analyst, the Public Analyst found that the milk contained 44.4% added water. On these facts the accused was prosecuted.

(3.) After the Food Inspector was examined, a charge was framed against the accused. The accused pleaded guilty to the charge and the learned Magistrate having accepted that plea awarded a lenient sentence by observing that the accused is a young man and poor labourer and this being his first offence for the reasons stated by the accused in his application Ex. 10, he could not be sent to suffer imprisonment. That is why the learned Magistrate after having convicted the accused sentenced him to suffer imprisonment till the rising of the Court and to pay a fine of Rs. 500/-.