A.S. Bains, J. - (1.) The petitioner was convicted by the Judicial Magistrate 1st Class, Ludhiana under section 7(2) read with section 16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) a fine of Rs. 1000.00 or in default of payment of fine, to undergo further rigorous imprisonment for two months. On appeal, his conviction and sentence were maintained by the learned Additional Sessions Judge, Ludhiana, vide his judgment dated 11th May, 1976. He has challenged his conviction and sentence by way of this petition.
(2.) Mr. Chopra, learned counsel for the petitioner, only canvassed on the question of sentence. He says that the petitioner be given the benefit of probation as he is a fit offender and the adulteration is only marginal as it was found to be only at 0.89 percent against the minimum standard prescribed under the rules which is 0.25 percent. He says that the petitioner is a small shop-keeper in a village. I have perused the record. The petitioner is a first offender. He is on bail the offence took place on 30th July, 1974. No useful purpose will be served to send him back to jail again, after a lapse of about five years, to undergo the unexpired period of his sentence. Accordingly, the sentence of imprisonment is reduced to that already undergone by him, but the sentence of fine is enhanced from Rs. 1000.00 to Rs. 2000.00 or in default of payment of the same, he shall undergo further rigorous imprisonment for six months. The petitioner is directed to deposit the fine within one month.
(3.) Except for the modification indicated above, this petition fails and is dismissed. Petition dismissed.;