- (1.) R. K. Singh, J. Heard Mr. S. P. S. Raghav, learned counsel for the revisionist and the learned A. G. A. in opposition.
(2.) THE revisionist has been convicted under Section 7 (1)/16 Prevention of Food Adulteration Act and under Rule 50, Prevention of Food Adulteration Rules and has been sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs. 1000/- under each offences. THE incident is dated 17-8- 1980 on which date the Food Inspector purchased a sample of milk from the revisionist suspecting it to be adulterated and got the same examined by the Public Analyst who reported the sample adulterated. THE con viction of the revisionist under Section 7 (1)/16, Prevention of Food Adulteration Act is based on the finding of the Public Analyst who reported that sample adul terated due to not being of prescribed standard under the Prevention of Food Adulteration Act. The incident is 19 years old and the revisionist has during this period, under gone financial and physical torture as he was taken into custody after the conviction and sentence by the trial Magistrate as well as by the lower appellate Court. He got the bail from this Court on 3-9-1984 and during this period the revisionist appears to have under gone jail custody for more than two months. The deficiency noted by the Public Analyst and the old age of the criminal revision during which period the revisionist has already undergone jail custody for more than a month, the argument of Mr. Raghav appears convincing that the sentence of im prisonment may be substituted by the suitable sentence of fine which will meet the ends of justice in this old case.
(3.) ACCORDINGLY this revision petition is disposed of on the following terms. The sentence of fine awarded by the trial Court of Rs. 1000/- is confirmed and the sentence of six months rigorous imprisonment is reduced to the period already undergone and the revisionist is sentenced to pay fur ther fine of Rs. 5,000/- (Rupees five thousand) and in default to undergo rigorous imprisonment for four months. The revisionist is directed to surrender before the Chief Judicial Magistrate and deposit the fine within three months. Revision disposed of. .;