BHAGWANDAS Vs. STATE OF M P

JUDGEMENT

(1.) This revision is directed against the judgment dated 10.11 1998, passed in Criminal Appeal No. 65/98 by the 4th Additional Session Judge, Bilaspur. By the impugned judgment, the appeal filed by the applicant against the judgment, dated 17th March, 1998, passed by the A.C.J.M., Bilaspur in Criminal Case No. 1660/1991, by which the applicant was convicted under Section 16 (1) (a) (ii) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act or Act of 1954') and sentenced to undergo R.I. for 3 months and to pay fine of Rs.500 was dismissed.

(2.) The facts, briefly stated, are as under:

(3.) Shri Rajesh Kumar Sharma, learned counsel appearing on behalf of the applicant has not argued on merits of the matter. He has only argued on sentence. He submitted that the offence took place in the year 1990 and the applicant was aged about 62 years on the date of judgment, passed by the A.C.J.M. Presently, he is aged about 75 years. He was holding a licence to sell the food products but, the same was not renewed in time, therefore, he was not having a valid licence on the date of the incident. Looking to all these circumstances, he submitted that it would not be appropriate to send the applicant to jail once again and the jail sentence awarded to the applicant be reduced to the period already undergone.