JUDGMENT

BHAGWATI, J.:—This appeal by special leave is directed against a judgment of the Gujarat High Court in suo motu revision against an order passed by the Judicial Magistrate, First Class, Balsinor convicting the appellant of the offence under S. 16 (1) (a) (i) read with S. 7 of the Prevention of Food Adulteration Act, 1954 and sentencing him to suffer simple imprisonment till the rising of the Court and to pay a fine of Rupees 125/- or in default to undergo simple imprisonment for a further period of 30 days. The appellant was prosecuted in the Court of the learned Magistrate for an offence of adulteration of turmeric powder punishable under Section 16 (1) (a) (i) read with S. 7 of the Prevention of Food Adulteration Act, 1954.

2. It appears from the record that after some evidence was led on behalf of the prosecution, plea-bargaining took place between the prosecution, the defence and the learned Magistrate and on the basis of an understanding arrived at between these three parties, the appellant pleaded guilty and the learned Magistrate accepting this plea of guilty, recorded a finding of conviction against the appellant and let off the appellant with a nominal sentence of