D.P. Gupta, J. - (1.) Heard learned counsel for the applicant and the learned Public Prosecutor.
(2.) This case was fixed for orders on the stay application but at the request of the learned counsel for the applicant it was taken up today for final hearing with the consent of the learned Public Prosecutor.
(3.) The applicant was convicted for an offence under section 7/16 of the Prevention of Food Adulteration Act, for selling adulterated cow's milk and the learned Magistrate First Class No. 1 Jaipur City, by his order dated April 25, 1969 sentenced the applicant to one year's rigorous imprisonment and a fine of Rs. 2000/- and in default of payment of fine he was to undergo further rigorous imprisonment for a period of six months. On appeal, the learned Additional Sessions Judge, No. 2 Jaipur City while holding the applicant guilty of the aforesaid offence reduced the sentence to 6 months but the sentence of fine of Rs. 2,000/- was maintained. The learned Additional Sessions Judge while reducing the sentence took into consideration the fact that the milk which the applicant sold and from which the sample was taken by the Food Inspector was found to contain 6% of added water and further that the percentage of fat contents in the aforesaid sample was found to be more than the prescribed minimum standard, although the percentage of solid non-fats was below the minimum standard prescribed under the law. Aggrieved by the order passed by the learned Additional Sessions Judge, the present revision application has been filed by the applicant before this Court.;