RAJ BAHADUR Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision was admitted only on the question of sentence. Raj Bahadur stands convicted under Sec. 7/16, P. F. A. Act and has been sentenced to six months' R.I. and a fine of Rs. 1,000 (one thousand) thereunder. This conviction and sentence was recorded by the trial Magistrate, which has been upheld in toto by the appellate Court. Hence this revision. The only question to be seen is as to whether on the facts of the present case First Proviso to Sec. 16 will apply so as to enable a lessor sentence to be passed against the applicant. Sri D. S. Tewari, learned counsel for the applicant has relied upon two decisions reported in Ganga Singh Vs. State of Punjab, 1984 FAJ 47 and Municipal Corporation of Delhi Vs. Jawala Prasad, 1984 FAJ 64 respectively. Sri Surendra Singh, learned A.G.A. has been heard in opposition. However, no other authority was brought to the notice of this Court. The facts in the case of Municipal Corporation of Delhi Vs. Jawala Prasad , (supra) are identical to the present one. In that case also accused was found to have been selling Laddu which was reported to be containing colour with prohibited colour dye. The facts of that case squarely apply to the facts of the, present case. It is, therefore, hereby directed that while conviction of Raj Bahadur under Sec. 7/16 to, P. F. A. Act is maintained, his sentence is reduced to three months' R.I. and fine to Rs. 500.00(Five hundred), in default of payment of line the applicant undergo another three months' R. I. The applicant is on bail. He will surrender to the bail bonds forthwith. If fine has been deposited, the excess will be refunded to the applicant. Partly allowed.