NARESH Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision was admitted on the point of sentence only. On 29-7-93 Food Inspector apprehended revisionist Naresh carrying buffalo milk in a can for sale. Sample was purchased from the revisionist. Public Analyst found that the fat in the milk was only 3.6% while non-fatty solid contents were 6% against prescribed standard on 6% and 9% respectively. Both the lower courts found the appellant guilty of selling adulterated milk. They convicted him for offence under Sec. 7/16 of Prevention of Food Adulteration Act and sentenced him to R.I. for one year and fine of Rs. 2,000.00. It is significant that the two lower courts did not record any finding that the milk was injurious to health. It was adulterated only because it did not conform to prescribed standard. The normal principle of awarding sentence for sale of adulterated food article is R.I. for one year and fine of Rs. 2,000.00 is awarded only when the food article is injurious to health. In cases where the food article is found, to be adulterated only because does not conform to prescribed standard, the minimum sentence of six months and fine of Rs. 1,000.00 is awarded. Under the proviso to Sec. 16(1) for special and adequate reasons even lesser punishment of R.I. for three months and fine of Rs. 500.00 can be awarded. But the sentence cannot be less than that because the statute prescribed the minimum sentence. In the instant case it is evident that the sample was taken more than five years ago. It is further evident that the revisionist is only a village retailer. I hold there are special and adequate reasons for awarding lesser punishment under the proviso of Sec. 16(1) of D.F.A. Act. Hence partly allowed this revision I reduce the sentence of the revisionist to R.I. for 3 months and fine of Rs. 500.00 He shall deposit the fine within one month. Revision Partly allowed.