STATE OF GUJARAT Vs. BALDEVDAS PRATAPDAS SADHU
LAWS(GJH)-1979-1-36
HIGH COURT OF GUJARAT
Decided on January 29,1979

STATE OF GUJARAT Appellant
VERSUS
Baldevdas Pratapdas Sadhu Respondents

JUDGEMENT

M.K. Shah, J. - (1.) This is an appeal for enhancement of sentence filed the State against an order of the learned Metropolitan Magistrate, sixth con Ahmedabad in criminal case No. 102 of 1976 awarding a sentence of imprisonment till the rising of the court and a fine of Rs. 100/-, in default month's S.1. to the respondent, original accused, for the offence under Section l6(1)(a)(ii) read with section 7(v) of the Prevention of Food Adulteration 1954 (the Act) for which the accused was convicted by the learned Magistrate.
(2.) Para 2 is not reportable.
(3.) As submitted by Mr. Nanavati, the learned Public Prosecution appearing for the State the learned Magistrate has taken too lenient a view the matter and awarded a lighter sentence which amounts practically to sentence. It is to be noted that the provisions of the Act are meant to strictly enforced and complied with, because they concern the health of: people and the sentence has, therefore, to be deterrent enough so that, only the offender concerned but others engaged in similar trade are from committing breaches of various provisions contained in the Act as in the Rules. In my opinion, the substantive sentence of imprisons till the rising of the court in the instant case for the breach of the provision of section 16(l)(a)(ii) is too low to be termed a sentence, and even if special circumstance viz., the fact that the accused is a post man doing trade on the footpath on a wheel barrow to maintain himself and the family is taken into consideration, the sentence awarded by no stands: can be termed as adequate and is grossly inadequate and, therefore, require to be enhanced. In my opinion, ends of justice will be met if the substance sentence of imprisonment till the rising of the court is enhanced to on months S.I. without disturbing the sentence of fine. Appeal Allowed.;


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