LAXMAN Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER by Shri Raman Solanki, Advocate. Respondent by Shri G. S. Chouhan, Government Advocate. Final arguments heard. Perused the record. Being aggrieved by the judgment dated 17-11-2005 passed by IV Additional Sessions Judge, Ratlam in Cr. A. No. 156/04, whereby the judgment dated 7-12-2004 passed by CJM, Ratlam in Criminal Case No. 2360/94, whereby the petitioner was convicted for the offence punishable under section 7(1) read with 16(1)(A)(1) of Prevention of Food Adulteration Act was confirmed and the sentence of six months RI with fine of Rs. 1,000/- was also confirmed, the present revision petition has been filed.

(2.) PETITIONER was prosecuted by the respondent under the provision of Prevention of Food Adulteration Act, 1954, (which shall be referred hereinafter as an Act), alleging that on 12-3-2003 petitioner was going to market to sell Buffalo Milk Product (Mawa). It was alleged that the sample was taken and after the report of analyst it was found that the alleged milk product was adulterated. It was prayed that the petitioner be convicted. After the trial it was found that the Mawa which was in possession of the petitioner was adulterated. Hence the petitioner was convicted and was sentenced for a period of six months with fine of Rs. 1,000/- and in appeal the sentence was confirmed, hence this revision petition.

(3.) LEARNED counsel further placed reliance on a decision of this Court in the matter of State of M. P. vs. Nanhelal, reported in 1991(II) MPWN Note 131, wherein the offence was committed before 10 years and the petitioner was convicted for a period of six months RI and fine of Rs. 1,000/-, sentence of RI was converted into fine of Rs. 2,000/- holding that since a decade has elapsed since the taking of the sample from the respondent the ends of justice do not warrant award of statutory minimum jail sentence to him.