SHANKARDEO SHARMA Vs. HIRA LAL

JUDGEMENT

(1.) The only question involved in the present revision is whether the learned Sessions Judge was justified in modifying the sentence awarded to the respondent for offence under Sec. 7(1) read with Sec. 16(l)(a)(i) of the Prevention of Food Adulteration Act.

(2.) The trial Court, on evidence and report of the Public Analyst, (Ex. P/8) found that the sample of milk taken from the respondent contained milk-fat 4.9% milk solid-non-fat to the extent of 10%. Thus it was found to be deficient in fat to the extent of 0.1% that is, fat extracted was 2 per cent. The learned Magistrate, therefore, on conviction, sentenced the respondent to rigorous imprisonment for nine months and a fine of Rs. 1000.00 or in default further R.I. for four months, in Criminal Case No. 54/70.

(3.) On an appeal being filed while maintaining the conviction of the respondent therein, the learned Sessions Judge set aside the sentence of nine months' R.I. awarded to the respondent herein, but maintained the sentence of line of Rs.1000.00 only. Hence this revision.