RAM BABU GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against the order dated 24 -5 -1983 passed by the Sessions Judge, Shahjahanpur, dismissing the appeal preferred against the judgment and order dated 30 -8 -19X2 passed by the Judicial Magistrate of Special Court, Shahjahanpur convicting the revisionist under Section 7/16 of Prevention of Food Adulteration Act and sentencing him to undergo rigorous imprisonment of six month sand fine of Rs. 1000/ -.

(2.) HEARD learned counsel for the revisionist and learned Addiiional Government Advocate.

(3.) IN view of the facts and circumstan ­ces of the case that the alleged adulteration was made in the year 1979 it would not be proper to send the accused to jail after such a long time, more so when he had served out at least few days' sentence after his conviction. The Supreme Court in State of Orissa v. K. Rajeshwar Rao, reported in (1992) 1 SCC 365; 1992 JIC 108 (SC), altered the sentence of imprisonment to sentence of fine on the ground that 15 years had passed by from the date of of ­fence and at this distance of time the ends of justice may not be served by sending the respondent to imprisonment: more so when he has undergone all these years the agony of the prosecution.