RAM BAHADUR Vs. STATE

JUDGEMENT

(1.) THE applicant was found selling, exposing and storing for sale coloured Barfi in Mela Tigri in premises No. 27, Sector No. 8. The Food Inspector after-serving a notice upon him purchased 650 grams of Barfi for Rs. 3/- from him. A receipt evidencing the purchase was duly obtained from the applicant. The sample was divided into three parts and sealed in clear and dry bottles. One of these sample bottles was sent to the Public Analyst Lucknow for analysis. The report of the Analyst disclosed that the Barfi was deficient in milk fat by 4. 4. per cent, and it was coloured with one of the coal tar dyes, namely, Rhodamine B, the use of which was not permitted under the Prevention of Food Adulteration Act. On these allegations the applicant was prosecuted. Both the courts below relied upon the evidence tendered by the prosecution and held the guilt of the accused-applicant established. The trial court convicted the applicant under Section 7 read with Section 16 of the Prevention of Food Adulteration Act and sentenced him to six months rigorous imprisonment and a fine of Rs. 1,500/ -. The appellate court confirmed the conviction and sentence. Hence the present revision.

(2.) AT the very outset it may be mentioned that this revision was admitted on the question of sentence only. It is, therefore, not necessary for me to deal with the facts of the case. The findings of fact, which have been recorded concurrently, have not been assailed. I shall, therefore, confine myself to the question of sentence only.

(3.) LEARNED Counsel for the applicant has submitted that this is a fit case in which the provisions of the First Offenders Probation Act should be applied. He has submitted that the applicant is a petty hawker, who had sold the Barfi in the Mela. There is nothing on the record to indicate that the Barfi sold was of a very large quantity. This is the first offence committed by the applicant. On these grounds he submits that a lenient sentence is called for and the provisions of the aforesaid Act should be applied.