BECHAN Vs. STATE OF U P

JUDGEMENT

(1.) P. K. Jain, J. Heard Sri A, P. Misra, brief holder of Sri A. D. Giri learned coun sel for the revisionist and the learned AGa

(2.) REVISIONIST, Bechan, was convicted under Sections 7/16 of the Prevention of Food Adulteration Act, by III Addl. Munsif-Magistrate, Mirzapur and was sentenced to undergo R. I. fox six months and pay a fine of Rs. 1000/- and in default of payment of fine to undergo S. I. for two months. Criminal Appeal No. 160 of 1982 filed against the judgment and order of the trial Court was dismissed by Sessions Judge, Mirzapur.

(3.) THE revisionist's case is covered by sub-clause (1) of clause (a) and is in respect of an article of food being primary food. In view of the proviso mentioned above the sentence of imprisonment can, at the best, be reduced to three months in case there exists adequate and special reasons. Except the fact that offence was committed in the year 1980 which is not adequate reason there is no special and adequate reason for reducing the minimum sentence awarded by the courts below.