MUNI LAL Vs. STATE

JUDGEMENT

(1.) Petitioner's sample was found deficient in milk fat by 0.4 per cent from the prescribed standard of 3.5 per cent in milk fat.

(2.) The petitioner convicted by the trial Court by order dated 1st Oct., 1973, and was sentenced to nine months- rigorous imprisonment and to pay a fine of Rs. 1,500.00, in default of payment of fine he was to undergo rigorous imprisonment for a further period 120 days.

(3.) The petitioner challenged the said conviction and sentence in appeal before the Sessions Judge. The appeal was heard by Shri N.L. Kakkar, Additional Sessions Judge, Delhi, before whom the only point canvassed was the quantum of sentence awarded and it was contended before him that in view of the marginal deficiency found in milk fat in the sample of the petitioner, a lenient view may be taken.