MILAP CHAND Vs. KALIYA & ANOTHER

JUDGEMENT

(1.) The learned Additional Sessions Judge, Tonk has mnde a reference to this Court vide his Order dated the 26th of Feb., 1973.

(2.) The brief facts of the case which are relevant for the disposal of this reference are, that the non-petitioner Kaliya was found selling milk at Ajmer Road near Hathroi at about 6 p. m. on 25th Nov., 1970. The sample of milk was taken and was sent for chemical examination. The non-petitioner No. 1 Kaliya was selling the milk on behalf of non-petitioner No. 2 Soliya. The accused-non petitioners pleaded guilty before the trial Magistrate who sentenced each of them till rising of the court and to pay a fine of Rs 250.00 each. Both of them were also found guilty under Rule 50 of the Food Adulteration Rules and were sentenced to pay a fine of Rs. 10.00 each. On a revision being filed the learned Additional Sessions Judge, Tonk made a reference suggesting enhancement of sentence.

(3.) A notice for enhancement of sentence was issued on 26.2.1973 by the learned Single Judge.