( 1 ) IN food adulteration cases why impose sentence less than the minimum prescribed under the Prevention of Food Adulteration Act ? Why this misplaced sympathy ? While answering the aforesaid question it is also necessary to resolve the problem as to whether the Judge or Bench of Judges issuing show cause notice for enhancement of the sentence should or should not hear the same ?

( 2 ) THE questions arise in the backdrop of the facts that follow: the petitioner is the original accused of Criminal Case No. 87 of 1982 of the Court of learned Metropolitan Magistrate (Court No. VI) Ahmedabad. It was alleged that he sold cow-milk to one Mr. R. S. Patel Food Inspector of Ahmedabad Municipal Corporation on 24/06/1982 The said sample of milk was collected by the Food Inspector in the presence of panchas and necessary formalities regarding dividing the sample packing and sealing the sample were also done in presence of panchas. The sample was sent for analysis to the public analyst who on analysis found that there was fat deficiency in the milk and 40 of the additional water was detected. On the basis of the aforesaid allegations the complaint was filed against the petition