LAWS(ALL)-2000-5-121

CHANAI Vs. STATE OF U P

Decided On May 24, 2000
SRI CHANAI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THE learned counsel for the revisionist has pressed this revision on the question of sentence. It has been contended that the alleged adulteration was made in the year 1978 and it would not be proper to send the accused to jail after 22 years. I find force in this contention.

(2.) IN terms of the order passed by the Supreme Court in Badri Prasad v. State of Madhya Pradesh, 1996 SCC (Cri) 79, followed by this Bench in Criminal Revision No. 2100 of 1984, Sohan Singh alias Swarn Singh v. State of U. P., I modify the sentence awarded as under :

(3.) IN case the accused fails to deposit the fine imposed as ordered he shall serve out the sentence of simple imprisonment as ordered.