JAI GOPAL Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Jai Gopal against the judgment dated 11-1-1974 of the Additional District and Sessions Judge, Bareilly, convicting him under Sec. 16 read with Sec. 7 of the Prevention I of Food Adulteration Act and sentencing him to six months' rigorous imprisonment.

(2.) The facts proved by the prosecution are that the applicant was found selling lemon-drops at the shop of Chandra Prakash on the 10th Sept., 1969, at about noon and that the lemon drops were found to have been coloured with coal-tar dye and hence adulterated.

(3.) The revision application was admitted only on the question of sentence. The learned counsel for the applicant pointed out that admittedly as i proved by the prosecution the applicant was only a salesman and he was neither the manufacturer, nor the dealer and that keeping in view' these facts the sentence passed by the courts below be reduced to the period of imprisonment I already undergone. The appellant has already been in jail for about a month O and half. While upholding the conviction of the applicant the sentence passed by the lower court is reduced to the period of imprisonment already undergone. He is on bail. He need not surrender and his bail-bonds are hereby discharged.