PHOOLIBAI Vs. STATE OF M.P. THROUGH FOOD INSPECTOR, KHARGONE

JUDGEMENT

(1.) It has been found by both the Courts below that on 22-2-1976 the applicant sold buffalo milk to the Food Inspector Amritlal Jain which on analysis by the Public Analyst was found to be adulterated in as much as the milk fat contents were only 4% as against 5% and milk solids non-fat contents were 4.136% as against 9%. The sample was got analysed by the Director of Central Food Laboratory also, who found that the milk was below the prescribed standard.

(2.) In this Court the learned Counsel for the applicant very frankly and fairly contended that in view of the findings recorded by the Courts below he was not in a position to address the Court on any other question except the question of sentence. A prayer was accordingly made that in view of the fact that t he applicant is an Adiwasi woman presently aged about 50 years, the jail sentence may be suitably reduced. This prayer has not been seriously opposed by the learned counsel appearing for the State.

(3.) The offence in this Case was committed on 21-2-1976 i.e. prior to the amendment of S. 16 of the Act, which came into force on 1-4-1976. It is not disputed that the applicant is an Adivasi woman whose present age is about 50 years. No doubt the offence committed by the accused is with regard to the selling of sub-standard milk, but from the facts of the case it appears that she is a petty milk vendor from the Adiwasi area. She has already been in jail for a few days and has deposited the amount of fine of Rs. 1000.00 also. This, therefore, is a case where leniency can be shown to the accused in the matter of jail sentence.