KHUSH MIZAZ Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an application in revision against the judgment and order dated 17.7.1986 passed by the II Additional Sessions Judge. Naini Tal in Criminal Appeal No. 205 of 1984 (arising out of Criminal Case No. 185 of 1983) convicting the applicant for the offence under Sec. 7/16 of the Prevention of Food Adulteration Act and maintaining the sentence of one year's Rigorous Imprisonment and a fine of Rs. 1000.00. In default of payment of fine the applicant had to undergo further Rigorous Imprisonment for three months. This revision was admitted on the question of sentence on 4.8.1986.

(2.) I have heard Shri Rajesh Ji Tandon learned counsel for the applicant and the learned State Counsel. I am of the view that under Sec. 16(1) of the Prevention of Food Adulteration Act the sentence awardable could be six months. In the instant case in view of the finding that this was the applicant's first offence, I consider it in the interest of justice that the sentence of one year's Rigorous Imprisonment awarded to the applicant under Sec. 7/16 of the Prevention of Food Adulteration Act be reduced to the period of six months Rigorous Imprisonment but the sentence of fine of Rs. 1000.00 is to be maintained.

(3.) In the result, the revision is allowed in part. The conviction of the applicant under Sec. 7/16 of the Prevention of Food Adulteration Act is maintained but the sentence of one year's Rigorous Imprisonment awarded lo him thereunder is reduced to six months Rigorous Imprisonment. The sentence of fine of Rs. 1000.00 is maintained as it is.