STATE OF RAJASTHAN Vs. SATYA NARAIN

JUDGEMENT

(1.) THIS State-appeal deserves to be accepted on a short point that in cases of adulteration of food-stuffs, the Magistrate was not justified in releasing the accused after imposition of fine, only. The case of food adulteration and that too, in oil, deserves to be seriously dealt with as it can spread serious health hazard and can become dangers to the society.

(2.) IN the instant case, the respondent was prosecuted for the offence under S. 7/16 of the Prevention of Food Adulteration Act on the allegation that the Food INspector took the same of mustard oil on 28. 8. 74 and on chemical examination that oil was found to be adulterated. The trial court found the respondent guilty for the offence under S. 7/16 Prevention of Food Adulteration Act but, while hearing on the question of sentence, observed that looking to the poverty of the accused-respondent and the fact that there was no foreign material in oil, it sentenced the respondent to a period of sentence till the rising of the court and a fine of Rs. 1000/ -.

(3.) LEARNED counsel Miss Rajesh Kandwal who was appointed as Amicus Curiae as no one has appeared to defend and oppose the appeal on behalf of the respondent, submitted that much time has passed in between the commission of the offence and decision of the appeal and, therefore, the sentence should not be increased now.