STATE Vs. TOLU

JUDGEMENT

(1.) THIS is a reference by the District Magistrate of Sirohi dated the 16th November, 1959.

(2.) THE accused Tolu is a tea vendor. He keeps a shop for that purpose at village Las in Tehsil Sheoganj, Police Station Barlut. Dharamsingh, Food Inspector, went and inspected his shop on 20th December, 1958. THE said Inspector found a certain quantity of milk in the shop of the accused Tolu for the purpose of preparing tea and as he had no licence to sell milk or milk product, the inspector prosecuted him under sec. 16 of the Prevention of Food Adulteration Act, 1954 and he was convicted by the Munsif Magistrate, Sirohi on the 8th of June 1950. A fine of Rs. 25/- only was imposed. A revision was taken to the court of the District Magistrate, Sirohi who has referred the case to this Court for enhancement of the sentence. THE learned District Magistrate has observed that this was the second conviction of the accused and a sentence of one month's imprisonment should have been awarded.