JAI SRI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the revisionist, learned A.G.A. and perused the record.

(2.) THE present criminal revision has been filed against the judgment and order dated 25.4.2005, passed by learned Sessions Judge, Ghazipur in Criminal Case No. 27/04, confirming the judgment and order dated 24.11.2004, passed by learned Additional Chief Judicial Magistrate, Ghazipur in Criminal Case No. 242/99 convicting the revisionist under Section 7/16, Prevention of Food Adulteration Act, 1954, 2. IA. (M.), 2 (I.J.A.), 7 (1) and 16 (1A) and sentence to six months rigorous imprisonment and further a fine of Rs. 1,000 was imposed in default of payment of fine he was to further undergo for two months simple imprisonment.

(3.) UNDER Section 16 of the Prevention of Food Adulteration Act, 1954 while imposing penalty/ sentence the accused shall in addition to the penalty to which he might be liable under the provisions of Section 6, be punished with imprisonment for a term which shall not be less than six months but which may extend to three years, and with fine which shall not be less than one thousand rupees. However, it has been provided in certain cases that after recording adequate and special reasons the sentence of imprisonment for a term which shall not be less than three months might be imposed. Hence, even the sentence in these cases should not be less than three months.