- (1.) R. K. Singh, J. Heard Mr. Arun Kumar Singh holding brief of Mr. Navin Singh, learned counsel for the revisionist and the learned A. G. A. He does not chal lenge the judgment and order of conviction recorded against the revisionist Prem Singh under Section 7/16, P. F. A. Act in case crime No. 791 of 1982 P. S. Afzalgarh. Accordingly, the order of conviction of the revisionist under Section 7/16, P. F. A. Act recorded by the Judicial Magistrate, Nagina dated 22-11-1982 and confirmed by the lower appellate Court i. e. IVth Ad ditional Sessions Judge, Bijnor through the impugned judgment and order dated 24-9-1983 passed in criminal appeal No. 317/1982 is confirmed.
(2.) THE order of sentence to undergo R. I. for six months is challenged by the learned counsel Mr. Singh on the ground that the alleged adulteration was not to adeversely affect the human health as per Public Analyst's report and simply techni cal adulteration is recorded by the Public Analyst in the shape of 3% deficient fatty acid than the prescribed standard. On these facts Mr. Singh submits that the revisionist who has already remained in custody to serve the term of sentence awarded to the revisionist for one month and five days during the pendency of the revision petition may be released on sub stitution of the sentence of imprisonment to a sentence of fine which the revisionist will pay within the time limit fixed by this Court. Learned A. G. A. has not raised any objection against the submission of Mr. Singh. The incident is of 24- 9-1981 which is 18 years old. The revisionist has already suffered for the offence which has been committed by him during this period. The offence is only of economic nature be cause nothing to adversely affect the human health has been noticed from the sample examined by the Public Analyst. Accordingly, taking all the facts and circumstances of the case in mind the sentence of six months R. I. is modified and reduced to the period already undergone. The revisionist is sentenced to pay a fine of Rs. 5,000/- besides the Rs. l. 000/- which has been awarded by the trial Court. The revisionist is directed to surrender before the Court of Chief Judicial Magistrate, Bijnore and deposit the amount of fine within two months from today, failing which he will undergo R. I. for six months. With this modification in the order of sen tence the revision petition is dismissed. Revision dismissed. .;