MOHD HUSAIN 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 18.8.1987, passed by Vth Additional Sessions Judge, Bareilly in Criminal Appeal No. 51/86 whereby the appeal was dismissed and sentence of the revisionist under Section 7/16 of the Prevention of Food Adulteration Act to undergo the rigorous imprisonment for six months and a fine of Rs. 1,000 awarded by Judicial Magistrate (Economic Offences), Bareilly by judgment and order dated 6.2.1986 in Case No. 331/83 was affirmed.

(3.) IN view of 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 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.