RAJA RAM Vs. STATE

JUDGEMENT

(1.) -The applicant has been convicted under Sec. 7/16 of the Prevention of Food Adulteration Act and sentenced to 1 years R.I. and - a fine of Rs. 2000.00 His conviction and sentence has been maintained in appeal by the Sessions Judge, Farrukhabad. Hence this revision, which was admitted by me on the question of sentence.

(2.) It appears that the Food Inspector purchased a sample of Balusahi on 16th Dec., 1975 at 11 A.M. from the shop of the applicant in accordance with the procedure prescribed by law. On analysis the sample was found to have been coloured with coal-tar dye viz Orange II C.I. No. 15510 of 1956. Both the courts below on a consideration of the evidence on record and the circumstances of the case came to the conclusion that the guilt of the accused has been fully established beyond all reasonable doubt.

(3.) Learned counsel for the applicant has submitted that there is nothing on the record to indicate that the applicant is a previous convict. He j has further argued that the applicant has been in jail for over a month. The j incident had taken place on 16th Dec., 1975 as such the unamended Act was applicable. Having regard to all the circumstance, it will not be to send the applicant back to jail for a short term imprisonment after a lapse A of 8 years. Having given a thoughtful consideration to all the facts and circumstances of the case, 1 hereby uphold the conviction of the case, 1 hereby uphold the conviction of the applicant for the offence under Sec. 7/16 of the P.F.A. Act, but reduce the sentence of imprisonment from 1 year to the period already undergone. So far as the sentence of fine of Rs. 2000.00 is concerned, am not inclined to take a view. The fine of Rs. 2000.00 is maintained. am informed that the applicant has already deposited sum of Rs. 1000.00, the balance of Rs. 1000.00 shall also be deposited by him within a period of 3 months from today.