TARA CHAND Vs. STATE

JUDGEMENT

(1.) Tara Chand petitioner has been convicted under Sec. 7/16 of the Prevention of Food Adulteration Act by a Magistrate of the First Class at Agra and has been sentenced to undergo six months R.I. and a fine of Rs. 1000.00. In appeal the Sessions Judge, Agra reduced the sentence of imprisonment from six months to three months and the sentence of fine from Rs. 1000.00 to Rs. 300.00. The conviction of the petitioner was maintained. He has now came up with this revision.

(2.) The prosecution case is that at 7-30 P.M. on 22.2.1972, Vishwa Nath Singh, Food Inspector found the petitioner selling milk in Mohalla Bhogipura in the town of Agra. A sample of that milk was purchased. On analysis it was found to be adulterated. A complaint was then filed against the petitioner. He pleaded not guilty and denied the entire prosecution case. One Raja Babu. was examined by him in his defence.

(3.) The statement of Vishwa Nath Singh, Ram Singh and Hetumal read together prove that the petitioner was found selling milk. A sample was taken from him. The Public Analyst found it to be adulterated. The courts below have given valid reasons for believing the prosecution witnesses and have rightly rejected the testimony of the defence witness. In my opinion the petitioner has been rightly convicted under Sec. 7/16 of the Prevention of Food Adulteration Act. His conviction has to be maintained. He has been in jail for some time after his conviction by the courts below. The occurrence took place in the year 1972. The petitioner is a petty hawker and has no previous conviction to his credit. He has already faced the ordeal of a lengthy trial. No useful purpose of the society would be served by sending the petitioner to jail again for a short term. I, therefore, reduced the sentence of imprisonment awarded to him by the lower appellate court to the period already undergone by the petitioner. The sentence of fine of Rs. 300.00 awarded by that court is upheld. The petitioner is given three months' time to pay the fine of Rs. 300.00 with effect from the date of receipt of the record in the trial court otherwise he will undergo R.I. for one month. The revision is thus partly allowed and partly dismissed. The petitioner is on bail. He need not surrender. His bail bonds are discharged. Petition partly allowed.