RAM BABU Vs. THE STATE

JUDGEMENT

(1.) Ram Babu petitioner has been convicted under Sections 7/16, of the Prevention of Food Adulteration Act, by the Court below. The trial Court had sentenced him to undergo one and a half years' R.I., and to pay a fine of rupees one thousand. The lower appellate Court reduced the sentence of imprisonment from one and a half year to six months' R.I., and maintained the sentence of fine. This revision is pressed before me only on the question of sentence.

(2.) The allegation against the petitioner is that he was carrying buffalo milk for sale which was found to be adulterated. The analyst found the sample deficient in fat contents only about 47%. The petitioner is a petty hawker. No injurious article was found mixed with the milk which he was taking for sale. The occurrence took place in 1971 when the latest amended Act had not come into force. Considering all the aspects of the case, I find special and adequate reasons to reduce petitioner's sentence. He has been in Jail for more than a month as convict and might have remained in jail for some time as under trial. In my opinion ends of justice would adequately meet if the sentence of imprisonment awarded to him by the lower appellate Court is reduced to that already undergone by him and the fine of rupees one thousand is reduced to Rs. 300.00 only. In default of payment of the aforesaid reduced amount of fine, which should be paid within two months from the date of receipt of record in the trial Court, the petitioner will undergo R.I., for six weeks. Except for this modification in petitioner's sentence this revision is dismissed. Revision dismissed..