S.S. Dewan, J. - (1.) This is a revision petition against the order of the Sessions Judge, Ambala dated March 22, 1978 whereby the conviction and sentence of the petitioner under Sec. 16(I)(a)(i) read with Sec. 7 of the Prevention of Food Adulteration Act imposed by the Chief Judicial Magistrate, Ambala by his order dated Oct. 1, 1977 was upheld.
(2.) In short, the prosecution case is that on 5-10-1974, the petitioner was carrying 80 kgs. of adulterated milk branded as cow's milk for public sale in the vicinity of Bus Stand, Naraingarh. Mohinder Singh, Food Inspector while in the company of Dr. M.K. Kaushal, Medical Officer and Mukhtiar Singh purchased 660 mls. of cow's milk for analysis from the petitioner on payment of Rs. 1.20 paise against receipt Ex. PB. After completing the formalities, one sample bottle was handed over to the petitioner while the other was despatched to the Public Analyst and the third sample was retained in the Office of Assistant C.M.O., Ambala. The Public Analyst vide his report Ex. PD found the sample deficient by 2.5% in milk-fat and 12% deficient in milk-solids not fat. The Food Inspector filed complaint against the petitioner and the trial Magistrate convicted and sentenced the petitioner as indicated above. The appeal filed by him was dismissed and hence the revision.
(3.) Mr. O.P. Hoshiarpuri appearing for the petitioner has been singularly unable to challenge the concurrent and impeachable findings of the two courts below. Affirming the same, uphold the conviction of the petitioner. The only prayer made by the learned counsel has been for reduction in the sentence. It is pointed out that the occurrence took place as far back as 1974. He has already undergone 20 days' imprisonment. Looking to the facts and circumstances of the case that the occurrence is of about six years old and the petitioner has undergone protracted criminal proceedings for such a long period, I accordingly reduce his sentence of imprisonment to the period already undergone by him but enhance his fine from Rs. 1000.00. to Rs. 1,500.00 as I feel that it would meet the ends of justice. In case of default in payment of fine he shall undergo rigorous imprisonment for six months.;