GHANSHYAM PRASAD Vs. STATE

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 learned AGA.

(2.) REVISIONIST Ghanshyam Prasad was convicted under Section 7/16 of the Preven tion of Food Adulteration Act and was sen tenced imprisonment for six months and fine of Rs. 1000/- and in default of payment of fine to undergo further imprisonment for three months. Criminal Appeal No. 180 of 1982 filed by him was dismissed by IV Addl. Sessions Judge, Varanasi, vide judgment and order dated 31-1-83.

(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 exist 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.