DEEN DAYAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a revision against the judgment of Sri Ramji Lal. Sessions Judge, Farrukhabad dated 4.8.86 maintaining the sentence of one year Rigorous Imprisonment and a fine of Rs. 2000.00 awarded to the applicant Deen Dayal under Sec. 7/16 of the Prevention of Food Adulteration Act in case No. 537 of 1985 of the court of the Munsif Magistrate, Farrukhabad stationed at Fatehgarh.

(2.) I have gone through the judgment of the courts below. The "Laddoos" which were being sold by the applicant had been found to have been prepared with adulterated vegetable oil. The plea of the applicant that he had not been selling it and that no sample had been taken from him and that he had also not requested for the examination of the samples by the Central Food Laboratory, had not been found correct on the basis of the documents on record. The sentence of one year Rigorous Imprisonment and a fine of Rs. 2000.00 awarded to him, however, appears to me to be excessive. I think it would be adequate sentence if the applicant is directed to undergo Rigorous Imprisonment for six months and to pay a fine of Rs. 1000.00 under Sec. 7/16 of the Prevention of Food Adulteration Act and therefore order accordingly.

(3.) Let a copy of this judgment be sent to the Chief Judicial Magistrate Farrukhabad to ensure that the applicant serves the modified sentence. He may as well get this order complied with by the Judicial Magistrate dealing with such cases in Farrukhabad. The revision is partly allowed and stands disposed off as above. Revision allowed in part.