CHHOTEY LAL Vs. STATE OF U P

JUDGEMENT

(1.) This revision was admitted on the point of sentence only. On 19. 9. 76 sample of cow milk was put-chased from revisionist Chhotey Lal. There was deficiency of 16% in non fatty solids. The two lower courts rightly held that the milk was adulterated. Looking to the deficiency in only one component of the milk and the period which has lapsed since offence. I am of the opinion that it, is a fit case in which for adequate and special reasons lesser punishment under the proviso of Sec. 16 should be awarded. Sending a man to jail after about 14 years for a technical offence appears to be too haras and is not likely to serve any useful purpose. Hence, the circumstances of the case I propose to maintain the fine of Rs. 1000. 00 awarded by the two lower courts and reduce the jail sentence of the revisionist to three months. It is a fit case in which the government may consider to remit the jail sentence of the revisionist. In result, I partly allow this revision and maintaining the sentence of fine of Rs. 1000. 00 and reducing the jail sentence to three months, rigorous imprisonment. I suspend the sentence for three months and permit and revisionist to apply to the government for remitting the sentence. It is expected that the Government shall dispose of. he representation of the revi sionist for remittance of his sentence with in three months. If the revisionist has not yet deposited fine he should do so within one month. Partly Allowed. .