PREM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Singh, J. Heard Mr. Arun Kumar Singh holding brief of Mr. Navin Singh, learned counsel for the revisionist and the learned A. G. A. He does not chal lenge the judgment and order of conviction recorded against the revisionist Prem Singh under Section 7/16, P. F. A. Act in case crime No. 791 of 1982 P. S. Afzalgarh. Accordingly, the order of conviction of the revisionist under Section 7/16, P. F. A. Act recorded by the Judicial Magistrate, Nagina dated 22-11-1982 and confirmed by the lower appellate Court i. e. IVth Ad ditional Sessions Judge, Bijnor through the impugned judgment and order dated 24-9-1983 passed in criminal appeal No. 317/1982 is confirmed.

(2.) THE order of sentence to undergo R. I. for six months is challenged by the learned counsel Mr. Singh on the ground that the alleged adulteration was not to adeversely affect the human health as per Public Analyst's report and simply techni cal adulteration is recorded by the Public Analyst in the shape of 3% deficient fatty acid than the prescribed standard. On these facts Mr. Singh submits that the revisionist who has already remained in custody to serve the term of sentence awarded to the revisionist for one month and five days during the pendency of the revision petition may be released on sub stitution of the sentence of imprisonment to a sentence of fine which the revisionist will pay within the time limit fixed by this Court.