RAM NANDAN KESARWANI Vs. STATE OF U.P.

JUDGEMENT

(1.) REVISIONIST Ram Nandan Kesarwani is a small shop keeper of Mohalla Gola Dina Nath, Police Station Kotwali District Varanasi. On 11-12-1979 Food Inspector Purchased sample of Tarmeric (Huldi Sabut) and sent the same to the Public Analyst. In report dated 29-1-1990 Public Analyst found that the tarmeric was coloured with lead cromate quantity of which was 0095 percent. Complaint against revisionist was filed on 24-3-1981. Re­visionist denied adulteration and contested the case on various points But on behalf of the revisionist presumably on account of delayed prosecution re-analysis of the sample by Central Food Laboratory was not claimed. Ultimately revisionist was convicted with offence of selling adulterated tarmeric under Section 7 16 of the Prevention of Food Adulteration Act and was sentenced to rigorous imprison­ment for one year and fine of Rs.1000 Revisionist came to this court in revision but his revision was admitted on the point of sentence only. More than ten years since the offence have already elapsed and now further hearing of the case on merits is not likely to serve any useful purpose- Evidently there is no finding that the colouring was injurious to health All that has been proved is a technical offence Undoubtedly prose­cution of the revisionist was delayed He has already been in jail for 38 days He has already deposited fine- In these circumstances following case of Bhagwan Das Motulal Nawalani v State of Maha­rashtra 1988 (25) ACC 52. I allow the revision in part and reduce the sentence of the revisionist to the period already undergone Sentence of fine is confirmed - He has already de­posited fine- He is on bail. His bail bonds are cancelled and his sureties are dis­charged. Partly Allowed