STATE OF MAHARASHTRA Vs. PANDU SUKA PORADE

JUDGEMENT

(1.) This is an ill-conceived appeal preferred by the State for enhancing the sentence on the respondent-accused who was prosecuted in a ill-conceived Criminal Case No. 370 of 1974.

(2.) The complainant in the trial Court was the Food Inspector of Nasik Read Dealali Municipality. According to the prosecution, the Food Inspector accosted the accused who was selling milk and purchased 660 millilitres of cow's milk for Rs 1.10 for analysis. Dividing the purchased commodity into three parts, he sent one part in properly sealed bottle and following other procedural formalities to the Public Analyst who reported that the sample sent to him was buffalo milk. The prosecution alleged that the accused had committed an offence punishable under section 16(1)(a)(i) of the Prevention of Food Adulteration Act on the ground that he did not sell what he represented that he would sell.

(3.) The defence of the accused was that he in fact sold buffalo milk and he did not sell cow's milk. Strangely enough the prosecution case commended itself to the learned trial Magistrate who proceeded to convict the accused of the offence with which he was charged and to sentence him to imprisonment till the rising of the Court and to a fine of Rs. 100.00. In default of the payment of the fine, rigorous imprisonment for 15 days was directed. The State has preferred the present appeal for enhancing the sentence.