VINDER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a criminal revision filed against a judgment and order dated 14.1.1988 passed by Sri M.S. Premi, the then 1st Addl. Sessions Judge, Nainital by which he has dismissed the appeal filed by the revisionist.

(2.) The facts of the case in brief are that on 14.7.1985 Food Inspector, Jaspur had purchased 660 ml of milk from the revisionist. After necessary formalities sample of the was sent to the Public Analyst, Lucknow who found the said milk adulterated. The revisionist was prosecuted and the Special Judicial Magistrate, Kashipur convicted the revisionist under sections 7/16 of Prevention of Food Adulteration Act and sentenced him to undergo R.I. for six months and to pay a fine of Rs. 1000.00 or in default thereof to further undergo R.I. for three months. Aggrieved by the same the revisionist filed appeal before the 1st Addl. Sessions Judge, Nainital which was also dismissed.

(3.) Vide order dated 25.2.1988 this revision was admitted on the point of sentence only. Learned counsel for the revisionist has rightly conceded that the sentence of 6 months' R.I. and a fine of Rs. 1000.00 imposed on the revisionist was the minimum punishment provided under the aforesaid Act. There is therefore, no scope for any interference in the punishment awarded to the revisionist.