VIJAI BAHADUR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard.

(2.) Admitted on the point of sentence only. Revisionist Vijai Bahadur has been convicted with offence under Sec. 7/16 of the Prevention of Food Adulteration Act. He has been sentenced to Rigorous Imprisonment for six months and fine of Rs. 1000.00. According to prosecution story he is only a retailer and was carrying about 2 kg. of milk in a tin. Adulterated sample was taken on 21st Oct., 1982. Revisionist has already faced prorated trial, hence, I hold that there are special and adequate reasons for awarding lesser minimum punishment to the revisionist under the proviso of Sec. 16 of the Act.

(3.) Hence, at this very stage, I allow this revision in part and reduce the sentence of the revisionist to Rigorous Imprisonment for 3 months and line of Rs. 500.00 If the revisionist has already deposited the fine of Rs. 500.00 he need not deposit any further fine.