STATE OF GUJARAT Vs. GANESHMAL JASHRAJ FOOD INSPECTOR, DISTRICT PANCHAYAT, BHARUCH
LAWS(GJH)-1979-1-37
HIGH COURT OF GUJARAT
Decided on January 30,1979

STATE OF GUJARAT Appellant
VERSUS
Ganeshmal Jashraj Food Inspector, District Panchayat, Bharuch Respondents

JUDGEMENT

M.K. Shah, J. - (1.) This revision application is directed against the order passed by the learned Judicial Magistrate, First Class, Jhagadia, District Broach so far as it relates to sentence.
(2.) The accused was convicted for the offence under Section 16(1)(a) (i) of the Prevention of Food Adulteration Act ('the Act'), and he was sentenced to S.I. till the rising of the court and to pay fine of Rs. 300/-, in default, S.I. for one month.
(3.) The facts shortly stated are as follows : The complainant-food inspector (present respondent No. 2) visited the shop of the accused, that is present respondent No. 1 on 14-6-1977, situated at village Netrang. taluka Jhagadia, District Broach and purchased from him turmeric powder in the presence of pancha and after completing the formalities of dividing the sample etc. the same was sent to the public analyst, Baroda for analysis, as per whose opinion, the same was found adulterated as it did not conform to the prescribed standard. After obtaining requisite permission of the District Health Officer, Broach, the complainant lodged his complaint and the accused was then prosecuted for the said offence. The accused pleaded not guilty and the prosecution then led evidence of the complainant-food inspector, ex. 9 and panch witness Thakorbhai. The prosecution, thereafter closed its evidence and the accused was examined under section 313 of the Criminal Procedure Code, ('the Code') and the accused then, on the very day, that is 18-7-1978, gave his purshis admitting his guilt and prayed that as he was a poor man and this was his first offence, appropriate orders may be passed against him after showing mercy. The learned Magistrate, thereupon passed the impugned order of conviction and sentence. Hence, the present revision so far as it relates to the order of sentence.;


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