Pritam Singh Pattar, J. - (1.) This is a revision petition filed by Munshi Ram son of Bakhta Ram of Mandi Dabwali, District Sirsa, against the judgment dated 28th Jan., 1976, of the Additional Sessions Judge, Hissar, dismissing his appeal against the judgment dated 22nd Oct., 1975, of the Judicial Magistrate 1st Class Dabwali, whereby he convicted him under section 16 of the Prevention of Food Adulteration Act and sentenced him to six months rigorous imprisonment and to pay Rs. 1,000.00 as fine and in default of payment of fine to further undergo rigorous imprisonment for three months.
(2.) The facts of this case are that on 25-1-1974 at 12.10 noon, the Food Inspector accompanied by Dr. O.P. Dehar, Deputy Chief Medical Officer, Hissar, visited the shop of the petitioner in Mandi Dabwali and at that time the petitioner was having 2# kilograms of Haldi contained in a tin for sale in his shop. After giving the necessary notice the Food Inspector purchased 450 grams of Haldi for Rs. 2.70. The purchased Haldi was divided into three parts and each part was put inty three clean dry bottles, which were corked, labelled and separately sealed. One of the bottles was given to the accused and the other was sent to the Public Analyst, Haryana, for analysis and the third was kept by the Food Inspector. The Public Analyst reported that the sample sent to him was infested with insects and that it contained 0.62 per cent earthy matter and it was not fit for human consumption. A complaint was filed against him by the Food Inspector and he was convicted and sentenced as mentioned above by the Judicial Magistrate, Dabwali. After the dismissal of his appeal by the Additional Sessions Judge, he filed this revision petition which was admitted as regards sentence.
(3.) The petitioner is not a previous convict under the Prevention of Food Adulteration Act. He is a petty shop-keeper in a salmi town Dabwali and deals in Karyana. He is alleged to be the only bread-winner of the family. Taking all these facts and circumstances into consideration and also the report of the Public Analyst I reduce his sentence of imprisonment from six months to three months rigorous imprisonment. However, the sentence of fine and imprisonment in default of payment of fine are maintained. With the modification in the sentence, the revision petition is dismissed. Petition dismissed.;