K.P.S.SANDHU, J. - (1.)THE petitioner was tried, convicted and sentenced to rigorous imprisonment for six months and a fine of Rs. 1,000/ -, in default further rigorous imprisonment for thirty days, under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act by the trial Magistrate. His conviction and sentence were upheld by the lower appellate Court. The petitioner came up in revision in this Court. On the last date of hearing notice regarding sentence was given.
(2.)ON 27th June, 1982, the petitioner was found carrying cow's milk for sale. A sample was taken by Government Food Inspector Boota Singh out of the same. According to the report of the Public Analyst, though there was no shortage in milk fats yet there was shortage of 8 per cent in milk solids not fat.
(3.)MR . S.C. Mohunta, learned counsel for the petitioner, submits that the petitioner is a first offender, that he has left this profession and that he has been facing the trial since 1982. Therefore, he prays for reduction in the sentence. Keeping in view the submissions of the learned counsel, I think a case for awarding lesser than the minimum sentence prescribed under the law is made out. Consequently, I reduce the sentence of imprisonment of the petitioner to the one already undergone by him. However, his fine is raised from Rs. 1,000 to Rs. 4,000/ -, in default further rigorous imprisonment for three months. But for this modification this revision petition fails and is hereby dismissed. Petition dismissed.