JAGANNATH Vs. INDORE MUNICIPAL CORPORATION AND OTHERS

JUDGEMENT

(1.) The applicant has filed this revision against the judgment dated 31st Aug. 1976, passed by the Fourth Additional Sessions Judge, Indore in Criminal Appeal No. 67/75 whereby the conviction of the applicant under section 16(1)(a)(i) of the Prevention of Food Adulteration Act and the sentence of one months' simple imprisonment and a fine of Rs. 1000.00 in default, further simple imprisonment for four months awarded thereunder by the Judicial Magistrate First Class, Indore have been maintained.

(2.) It is no doubt true that this case, from its inception, has taken a period of about eight years by now, still the sentence awarded to the applicant is quite lenient as the minimum jail sentence under the Prevention of Food Adulteration Act is rigorous imprisonment for six months. Thus, sufficient leniency has already been shown to the applicant in the matter of sentence though the sample of chilli-powder, on examination, was found to be below the prescribed standard and adulterated, and it cannot be said that the deficiency found was marginal. No further leniency in the matter of sentence is, therefore, called for.

(3.) Consequently, this revision is hereby dismissed. The conviction and sentence of the applicant are upheld. Revision dismissed.