THE STATE Vs. BEHARILAL

JUDGEMENT

(1.) By his judgment dated May 14, 1968, Sub-Divisional Magistrate, Aklera, convicted Beharilal on his Plea of being guilty and sentenced him to pay a fine of Rs. 20/- and in default of payment of fine to undergo 5 days' rigorous imprisonment under Section 7 read with Section 16 of the Food Adulteration Act (Act No. XXXVII of 1954) for the offence of selling adulterated goat's milk. The State preferred an application before the Additional Sessions Judge, Jhalawar, and he has by his reference dated 4-11-1968 recommended a sentence of one month's rigorous imprisonment and a fine of Rs. 200/-.

(2.) Mr. Mohnani, learned counsel for the State, urged that under the extant law the minimum sentence for selling any article of food which is adulterated is a term of 6 months' imprisonment and a fine of Rs. 1000/- unless "for any adequate or special reasons to be mentioned in the judgment" the court imposes a sentence below this minimum. In this case, urged the counsel, there are no circumstances justifying any reduction from the minimum.

(3.) Mr. Mathur, who opposes the recommendation, submitted that Beharilal is a Banjara and therefore a member of a backward class. The amount of milk he had was small and the accused being not a regular vendor and a poor man deserves lenient punishment. He submitted that the sample was taken from him on 21-1-1967, the complaint was made on 19-7-1967 and the judgment was delivered on 14-5-1968, and on account of this delay in the presentation of the complaint the accused was deprived of a valuable right under Section 13 of the Prevention of Food Adulteration Act, he should be acquitted.