JUDGEMENT
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(1.) R. K. Singh, J. Heard Mr. Pankaj Lal holding brief of Mr. V. K. Goel, learned counsel for the revisionist. Learned coun sel docs not challenge the conviction of the revisionist under Section 7/16, P. F. A. Act and accordingly the order of conviction is confirmed. The order of conviction under Section 7/16 P. F. A. Act passed in crime case No. 145 of 1982 RS. Partapur is con firmed.
(2.) HOWEVER, Mr. Lal presses the revision petition against the substantive sentence of six months R. I. awarded to the revisionist on the ground of Public Analyst's report and alleges that no in jurious elements to human health have been reported in the samples only the con tents of water was found in the sample of milk which according to Mr. Lal is only of profit motive making out economic of fence. Mr. Lal submits that the revisionist has already remained in jail custody to serve the term of sentence for more than a month and accordingly, he prays that a suitable sentence of fine may be awarded in view of remaining period of imprisonment which has remained unserved by the revisionist.
The argument of Mr. Lal is ap preciable considering the old age of the incident which took place on 26-6-1981, more than 18 years ago. The Public Analyst's report discussed by the trial Magistrate as well as by the appellate Court supports the argument of Mr. Lal that only profit motive is disclosed in this case.
The revisionist has already remained in jail custody for more than one month in this case and accordingly, the substantive sentence of six months R. I. awarded to the revisionist is modified and reduced to the period already undergone as noted above. The revisionist is sen tenced to a fine of Rs. 5,000/- which will be over and above the fine of Rs. l. 000/-awarded to the revisionist by the trial Court and confirmed by the lower appellate Court.
(3.) IN default of payment of fine the revisionist will undergo R. I. for six months.
The revisionist will surrender in the Court of Chief Judicial Magistrate, Meerut within two months from today and deposit the amount of fine. With the aforesaid observation the revision petition is disposed of. Revision disposed of. .;
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