JUDGMENT

BHAGWATI, J.:—This appeal by special leave is directed against a judgment of the Gujarat High Court enhancing the sentence imposed on the appellant by the Judicial Magistrate First Class, Jhagadia, for an offence under S. 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954.

2. The appellant was charged before the learned Judicial Magistrate for an offence under S. 16 (1) (a) (i) of the Act for selling adulterated turmeric powder to respondent No.2 who was, at the material time, a Food Inspector in the employ of the State. The appellant pleaded not guilty to the offence charged against him and a trial was thereupon held by the learned Judicial Magistrate. The prosecution led the evidence of respondent No.2 and one Thakurbhai who was one of the panch witnesses in whose presence the turmeric powder was purchased by respondent No.2 and the certificate of the Public Analyst showing that the turmeric powder was adulterated was also tendered in evidence. The prosecution closed its case and thereafter the appellant was examined by the learned Judicial Magistrate under Section 313 of the Code of Criminal Procedure. On the same day, presumably as a result of plea-bargaini