STATE Vs. SANWALA

JUDGEMENT

(1.) BY his order dated 13-3 1969 the learned Additional Sessions Judge, Sirohi, has recommended under sec. 438 Cr. P. C. that a fine of Rs. 15/- awarded to Sanwala, who pleaded guilty to a charge under sec. 7/16 of the Prevention of Food Adulteration Act (hereinafter called "the Act") for selling adulterated milk, was inappropriate and he be sentenced appropriately. This Court issued a notice for enhancement of sentence on 17-7-1970.

(2.) THE Food Inspector, Sirohi. , on 26-11-1967 served a notice on accused Senwala; he purchased milk from him on payment, put it into three dry and clean phials in the presence of two motbirs; sealed the phials and sent one of them to the Public Analyst, who after examination found the sample to be adulterated because its solid non-fat content was higher than the standard. A complaint was lodged under sec. 16 of the Act on 27-2-1968 by the Food Inspector, Municipal Board, Sirohi. THE two motbirs, in whose presence milk was purchased, were examined and the Food Inspector himself entered the witness-box. THE accused did not even cross-examine the witnesses. A charge was framed under sec, 7/16 of the Act and the accused in answer said that he was guilty to the charge and he did not want trial. THE learned Sub-Divisional Magistrate, Sirohi on 7-10-1968 convicted the accused under sec. 7/16 of the Act, but having regard to the age of the accused and his poverty inflicted only a fine of Rs. 15/- and in default of the payment of fine he was to undergo 2 days' simple imprisonment. THE State preferred an application before the Additional Sessions Judge complaining that the sentence awarded was inadequate and the learned Judge has made the reference as indicated above.