- (1.) The appellants, Brahm Pal and Ram Sahay, were convicted by the learned Magistrate First Class, Delhi under S. 16 read with S. 7 of the Prevention of Food Adulteration Act, 1954 on the charge that on 17/12/1966 they sold laddoos to which unpermitted colour was added. The learned Magistrate sentenced the appellants to imprisonment till the rising of the court and to pay a fine of Rs. 1,000. 00.
(2.) The appellants preferred an appeal to the Sessions court against their conviction and sentence while the Municipal Corporation of Delhi,which had originally filed the complaint, filed a revision application for the enhancement of sentence. The learned Additional Sessions Judge, delhi, dismissed both the proceedings.
(3.) The Municipal Corporation then filed an application under S. 439, Code of Criminal Procedure, in the High court of Delhi asking that the sentence imposed on the appellants by the trial court should be enhanced. That prayer was granted by the High court which enhanced the sentence of each of the appellants to six months' rigorous imprisonment and a fine of Rs. 1,000. 00.;