EKNATH SHANKARRAO MUKKAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was convicted by the Judicial Magistrate, Udgir, under Section 16 (1) (a) (i) proviso (i) of the Prevention of Food Adulteration Act, 1954, read with Section 2 (i) (1) and Section 7 (i) of the said Act and sentenced to simple imprisonment till rising of the court and to pay a fine of Rs. 500/-, in default rigorous imprisonment for two months. The appellant's father who was also charged for the same offence was, however, acquitted.

(2.) The charge against the appellant was that he sold chilli powder which was adulterated inasmuch as the percentage of the total ash was more than the permissible limit. The sample of chilli powder which was seized by the Food Inspector on April 13, 1974, contained 37.25% of the total ash against the permissible percentage of 8% It was stated in the Analyst's report that the percentage of extraneous matter which was common salt mixed with the chilli powder was 32.4% The learned Magistrate found that the chilli powder was adulterated within the meaning of Section 2 (i) (1) although the prosecution was on the basis of the article being adulterated within the meaning of Section 2 (i) (c) of the Prevention of Food Adulteration Act, 1954 (briefly the Act).

(3.) The State of Maharashtra preferred an appeal against the order of acquittal of the father of the appellant and against the inadequacy of the sentence awarded to the appellant. The High Court dismissed the appeal against acquittal of the appellant's father but allowed the appeal of the State with regard to the inadequacy of the sentence. The High Court while affirming the conviction of the appellant under Section 16 (1) (a) (i) read with Sections 2 (i) (1) and 7 (i) of the Act enhanced the sentence to six months simple imprisonment and a fine of Rs.1000/-, in default simple imprisonment for two months. Hence this appeal by special leave.