R.K.Singh - (1.) HEARD Mr. Amar Saran, learned counsel for the revisionist.
(2.) THE revisionist has been convicted in Criminal Case No. 2475 of 1980 under Section 7/16 of P.F.A. Act by the judgment dated 20.9.1982 and sentenced to six months' R.I. and a fine of Rs. 1,000, in default three months' further R.I. THE conviction and sentence awarded to the revisionist has been maintained by the learned Vth Additional Sessions Judge, Kanpur by the impugned judgment dated 1.10.1983 in Criminal Appeal No. 265/M of 1982. THE learned counsel for the revisionist does not challenge the finding of conviction under Section 7/16 of P. F. A. Act recorded against the revisionist. Accordingly, the conviction of the revisionist is confirmed and the revision petition against the conviction is dismissed. The learned counsel, however, presses the revision petition against the order of sentence of six months' R.I. awarded to the revisionist mainly on the ground that the instant case is of 1979, i.e., about 18 years back and the revisionist has remained in jail for about a week in this case. Pointing out the fact of the case that the iodine substance is said to be more than the standard in the sample of rapeseed oil is mainly the offence of economic nature because there is nothing to suggest that the revisionist had intended to cause injury to human health. The learned A. G. A. has not submitted anything against the submissions of the learned counsel for the revisionist. The argument of the learned counsel for the revisionist is convincing. The incident is more than 18 years old and mainly and substantially the offence is of economic nature.
(3.) ACCORDINGLY, the revision petition is partly allowed against the sentence awarded to the revisionist. The six months' R.I. awarded to the revisionist is modified and reduced to the period already undergone. The revisionist is sentenced to pay a fine of Rs. 15,000 (Fifteen thousand) in default six months' R.I. The revisionist is directed to surrender in the Court of the Chief Metropolitan Magistrate, Kanpur Nagar within one month from the date of issue of the certified copy of this order and to deposit the criminal fine.;