Gurnam Singh, J. - (1.) Chaudhri Lal son of Mahla Ram, resident of Noach, tehsil Kaithal, was tried for the offence under section 16(l)(a)(i) of the Prevention of Food Adulteration Act by the Judicial Magistrate, Kaithal. Chaudhri Lal was convicted under section 16(D(a)(i) of the said Act and sentenced to six months' rigorous imprisonment and to pay a fine of Rs. 1,000.00, or in default, to further undergo rigorous imorisonment for three months. The appeal filed by Chaudhri Lal failed. Chaudhri Lal has filed this revision petition. The revision was admitted only on the point of sentence.
(2.) The learned Counsel for the petitioner contended that as observed by both the Courts below, Chaudhri Lal is a disabled person and works as a tailor and is not in a position to pay the fine. He further pointed out that the sentence of imprisonment for six months is also excessive as the petitioner was not the manufacturer of the sweet pills (Mithian Golian) alleged to have been sold by him to the Food Inspector.
(3.) The petitioner was found in possession of 31/2 kgs. of sweet pills (Mithian Golian). He sold 600 grams of sweet-pills to the Food Inspector for Rs. 2.10 Ps. The same were turned in to three parts and sealed. One part was sent to the Public Analyst and he found the same to be adulterated.;