S.S. Dewan, J. - (1.) This is a revision petition against the order of the Sessions Judge, Sangrur dated 21st April, 1979 whereby the conviction and sentence of the petitioner under section 16(1 )(a)(i) of the Prevention of Food Adulteration Act imposed by the Additional Chief Judicial Magistrate, Sangrur by order dated 4th Jan., 1978, was upheld.
(2.) The prosecution case is that on 3-8-1976 Dr. Virpal Singh purchased 660 mls. of milk from the petitioner near Patiala Gate, Sangrur for chemical analysis. The milk so purchased was put in three clean and dry bottles and thereafter the same were stoppered and sealed in the presence of Dr, S.S. Kohli. One of these bottles was sent to the Public Analyst according to whose report Ex. PD the sample milk was adulterated as it contained 5.9% as milk fat and 6.5% as non fatty solids.
(3.) Notice was issued only regarding the sentence. Mr. Harbans Singh appearing for the petitioner has been singularly unable to challenge the concurrent and impeccable finding of the two courts below. Affirming the same, is 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 1976. Looking to the facts and circumstances of the case that the occurrence is of about three years old and the petitioner has undergone protracted criminal proceedings for such a long period, the sentence awarded to the petitioner appears to be little excessive. I accordingly reduce the sentence of the petitioner to two months' rigorous imprisonment as I feel that it would meet the ends of justice. The sentence of fine, however, is maintained.;