MUNICIPAL COUNCIL AJMER Vs. RAMA

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge, Ajmer, recommending that the sentence of the accused Rama be enhanced to one week's rigorous imprisonment and a fine of Rs. 200/-, and in default of payment of fine, to undergo 15 days' further rigorous imprisonment.

(2.) THE accused was challaned for having sold adulterated milk to Kartar Singh, Food Inspector, Municipal Area, on 2nd of July, 1961. A complaint was filed on the 3rd of October, 1961 by the Medical Officer of Health, Muncipal Committee, Ajmer Summonses were issued against the accused for 21st of November, 1961. Summonses were not served and the case was adjourned to 5th of December, 1961. THEreafter, there is a note on the back of the complaint which is, as follows: - "m. P. I. present. Accused present. Particulars of the offence read over and explained to the accused. He pleads not guilty and furnish bail bonds in the sum of Rs. 500/- each for regular court attendance. Put up on 8-1-62. " THEre is no date on this order. On 8-1-62 the case was adjourned to 23-1-62 without any further proceedings. On 23-1-62 the case was again adjourned to 5-2-62. On 5-2-62, the following order was passed: - "parties present. Particulars of the offence read over and explained to the accused Rama s/o Bhola. He pleads guilty and does not wish to produce any defence. Hence the accused is convicted under sec. 16 (a) P. F. A. '54 and sentenced to pay a fine of Rs. 5/- (Rupees five only) or in default to undergo 2 days' S. I. " Most of what has been written above is part of the rubber seal affixed on the back of the complaint. Of this order only the name of the accused, the offence for which he was tried and the amount of the fine and the days of imprisonment are filled up by the magistrate.