KRISHAN LAL Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) THE challenge in the present petition filed under Section 401 cr. P. C. is to the judgment dated February 13, 2008 passed by Additional Sessions judge, Chandigarh whereby the appeal filed by the petitioner against the judgment dated february 20, 2001 passed by the Chief judicial Magistrate, Chandigarh was diskltmissed.

(2.) THE petitioner in the present case was held guilty under Sections 2 (ia), 7 and 16 (l) (a) (i) of the Prevention of Food adulteration Act, 1954 (in short 'the Act' ). The allegations. are that on September 29,1995 at about 3. 45 p. m. the accused was found in possession of 10 kg of suji for public sale at his shop. The sample of suji was found to be unfit for human consumption. After trial the petitioner was sentenced to undergo rigorous imprisonment for a period of one year and pay a fine of Rs. 2,000. In case of default in payment of fine, he was directed to undergo further rigorous imprisonment for a period of three months. The judgment of the learned Chief Judicial Magistrate was upheld by the learned Additional Sessions Judge.

(3.) AT the time of issuing notice of motion, learned counsel for the petitioner restricted his prayer for release of the petitioner on probation, keeping in view the fact that the petitioner had faced protracted trial for 12 long years and that he is a small shopkeeper and senior citizen.