- (1.) KUNDAN Singh, J. Heard learned Counsel for the parties.
(2.) THIS revision is directed against the judgment and order dated 15-1-83 of IHrd Additional Sessions Judge, Bijnor, dismiss ing the Appeal No. 287 of 1982 confirming the conviction under Section 7/16 Preven tion of Food Adulteration Act and sentence of 6 months' R. I. and a fine of Rs. 1,000 awarded by the Judicial Magistrate 1st Class, Nagina, District Bijnor, by order dated 18-10-1982 in Criminal Case No. 401 of 1982. The Food Inspector took the sample of milk from the applicant. On analysis by the Public Analyst, it was found deficient in fat contents of 16% and non-fatty solid by 40% and thus the milk was adulterated. Learned Counsel for the applicant pressed this revision only on the quantum of sentence awarded by the courts below. He submitted that the applicant has been in jail for about 6 weeks in respect of the incident which had taken place in January, 1981, and that it would not be proper to send the applicant behind the bars after a period of 16 years. He also relied on a decision of Division Bench of this Court in the case State of U. P. v. Akhtar, reported in 1991 JIC 512.
(3.) 1 have given my anxious thought to the submission made on behalf of the ap plicant. It is true that the Division Bench has taken view in a case where the Sessions Judge reduced the sentence of one year to till rising of the court and in the Govern ment appeal the accused was sentenced to a fine and he was not sent again behind the bars due to elapse of time; but I am afraid of to reduce the sentence of the applicant only on the ground of delay in the decision of the case in the cases where the minimum sen tence is provided. In the case in hand, the Statute provides minimum sentence of six months imprisonment and a fine of Rs. 1,000. In my opinion, the Court has no jurisdiction in any exceptional case to reduce the sentence un less the Statute gives the power to reduce in the exceptional cases. I find no ground to reduce the sentence only on the ground of elapse of time.;