- (1.) J. C. Mishra, J. This revision has been filed against the judgment and order dated 21-10-1987 passed by VI Additional Sessions Judge, Varanasi dismissing the appeal preferred against the judgment and order dated 17-5- 1986 passed by Chief Judicial Magistrate, Varanasi convicting the revisionists for offence punishable under Section 7/16 of the Prevention of Food Adulteration Act and sentencing him to rigorous imprisonment for three months and to fine of Rs. 5 (K ).
(2.) DESPITE the list being revised, none appears to press the revision. Ave gone through the judgments with the help of the learned A. G. A. and perused the memo of revision. On consideration of the entire facts and circumstances I find no merit in this revision so far as conviction is concerned. The fact remains that the alleged offence was committed long before in the year 1983 and more than 16years has elapsed.
(3.) ON consideration of the entire facts and circumstances 1 find that the ends of justice do not require that the accused be sent to jail after such a long time. In terms of the order passed by the Supreme Court in Badri Prasad v. State of Madhya Pradesh, reported in 1996 SCC (Criminal) 79, followed by this Bench in Criminal Revision No. 2100 of 1984, Sohan Singh alias Swam Singh v. State of U. P. , I modify the sentence awarded as under:;