JAI NARAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a revision against the judgment and order dated 4-7-1984 passed by Sri Daya Ram, the then II Addl. Sessions Judge, Deoria in Criminal Appeal No. 260 of 1983 whereby he dismissed the appeal of accused-revisionist Jai Narain against his conviction by the Judicial Magistrate Ist Class, Deoria in case No. 2272 of 1982, State v. Jai Ram, under S. 7/16 of the Prevention of Food Adulteration Act, P. S. Khampar, district Deoria, but reduced his sentence from one year R.I. and a fine of Rs. 2,000.00 as awarded by the Magistrate to R.I. for a period of six months and a fine of Rs. 1,000.00 and in default of payment of time to suffer R.I. for a further period of three months.

(2.) In this case, the accused-revisionist was found selling Dhaniya and the sample taken from him by the Food Inspector was found by the Public Analyst to be adulterated.

(3.) The learned counsel for the accused-revisionist has not challenged his conviction for the offence. He has confined himself to the question of sentence. He has pointed out that the matter related to the year 1980 and the accused-revisionist was coming down on bail from this Court since the year 1984. He has also pointed out that the accused-revisionist has already been in custody from 4-7-1984 (when his appeal was dismissed) till 20-7-1984 (when he was released on bail on acceptance of his bail bond furnished before the learned Magistrate in pursuance of the bail order of this Court dated 18-7-1994 and has prayed that his sentence be reduced to the period already undergone by him as a convict.