A.S. Bains, J. - (1.) The petitioner was tried and convicted under section 16(1 )(b) of the Prevention of Food Adulteration Act, 1954 by the learned Additional Chief Judicial Magistrate, Ferozepur and sentenced to six months' rigorous imprisonment and a fine of Rs. 1000.00 or in default of payment of fine, to undergo rigorous imprisonment for three months more. On appeal, his conviction and sentence were maintained by the learned Additional Sessions Judge, Ferozepur. He has challenged his conviction and sentence by way of this petition.
(2.) The petitioner's counsel did not address on merits, but urged that the occurrence took place in the year 1973, that the petitioner is a first offender and that the sentence of imprisonment may be reduced to that already undergone and instead fine may be enhanced. He has placed reliance on the Supreme Court's decision reported as Lingappa Shetty Vs. Hubli Darvar Municipal Corporation, 1979 (I) FAC 193 wherein it was observed, by their Lordships of the Supreme Court as under : "It appears that the appellant has already remained in jail for a period of more than two weeks. In view of the nature and circumstances of the case we feel that it is not necessary for the appellant to be sent back to jail. In this view of the matter, we do not want to enter into the merits of the appeal which has also not been pressed seriously. We, therefore, while upholding the conviction of the appellant reduce the sentence to the period already served maintaining the fine." I have perused the record. The occurrence took place in the year 1973. No useful purpose will be served to send him back to jail to serve the unexpired period of his imprisonment. Ends of justice will be amply met if his sentence of imprisonment is reduced to that already undergone and the fine is enhanced to Rs. 2500.00 or in default of payment of fine, he shall undergo six months' rigorous imprisonment. It is ordered accordingly.
(3.) Except for the modification indicated above, this petition fails and is dismissed. Petition dismissed.;