Ajit Singh Bains, J. - - (1.)The petitioner was convicted under section 16(l)(a)(i) read with section 7 of the Prevention of Food Adulteration Act, and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000.00 and in default of payment of fine, to undergo further rigorous imprisonment for three months, by the learned Additional Chief Judicial Magistrate, Hoshiarpur, vide his judgment and order dated 31st Aug., 1982. On appeal, his conviction and sentence were upheld by the learned Additional Sessions Judge. Hoshiarpur, vide his judgment dated 31st Jan., 1983. He has challenge d his conviction and sentence by way of this petition.
(2.)The learned counsel for the petitioner has not addressed on merits, but has submitted that the deficiency is only marginal. Sample of Haldi powder was taken which on chemical analysis was found to contain ash insolu-able in dilute hydrochloric acid to the extent of 1.68% against the maximum prescribed standard of 1.50%. It is stated at the bar that the petitioner has already undergone three weeks' imprisonment. Thus, a lenient view may be taken in the matter of sentence.
(3.)It is not disputed that the petitioner is a petty, shop-keeper in a village, is aged 55 years and has been suffering from hernia. There is nothing on the record to show that he is a previous convict. He is on bail and has suffered three weeks' imprisonment. In view of tie principle of law as laid down by the Supreme Court in Umadmal and Lalta Prasad Vs. State of Maharashtra, 1979 (1) FAC 194, the marginal nature of adulteration provides sufficient room for reduction in sentence The petitioner has undergone three weeks of his substantive sentence. In my view, keeping in view his old age, poor health and the marginal deficiency the ends of justice will be amply met if his sentence of imprisonment is reduced to that already undergone by him, and the sentence of fine is enhanced to Rs 2,000.00 (two thousand) or in default of payment to suffer further rigorous imprisonment for six months. It is ordered accordingly.