RAJ KARAN AND ANOTHER Vs. THE STATE OF PUNJAB
LAWS(P&H)-1980-10-49
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 14,1980

Appellant
VERSUS
Respondents

JUDGEMENT

C.S. Tiwana, J. - (1.) Raj Karan and Parshotam Lal have filed this revision against the judgment dated Aug. 11, 1978, of the Additional Sessions Judge, Amritsar, dismissing their appeal in relation to their conviction under section 16(1)(b) of the Prevention of Food Adulteration Act, 1954. It had been alleged against the petitioner that they had prevented the Food Inspector from taking some sample of turmeric powder. It was only urged that physical obstruction had not been proved by the prosecution. Such an obstruction is not now required to be proved in view of the holding in Krishan Lai etc. Vs. State of Haryana, 1978 (II) FAC 144 , a Division Bench ruling of this Court. Previously there was a Single Bench ruling reported as Bishan Dass Telu Ram Vs. The State, 1958 (II) FAC 267 , and the same was overruled in the case already mentioned. In view of the Division Bench ruling going against the petitioners, their learned counsel has only urged for the reduction of the sentence. Each of the petitioners was sentenced to rigorous imprisonment for six months and to the payment of a fine of Rs. 1,000.00. The petitioners have only suffered the sentence of imprisonment for a period of about fifteen days and this is considered insufficient though the amounts of fine have already been paid. While maintaining the conviction of the petitioners their unexpired terms of imprisonment are converted into a fine of Rs. 200.00 each. They shall have the option either to undergo the remaining sentence of imprisonment or to pay a sum of Rs. 200.00 each by way of additional fine. The revision petition stands disposed of accordingly. Ordered accordingly.;


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