JOG DHIAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner herein has been held guilty for an offence punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and sentenced to undergo Rigorous Imprisonment for a period of 8 months as also to pay fine of Rs. 1,000/- or in default of payment of fine, to further undergo Rigorous Imprisonment for a period of 4 months, vide order dated 26.3.1987 passed by learned Trial magistrate. In appeal preferred by the petitioner, order of conviction was maintained, whereas sentence was reduced from 8 months to 6 months, vide order dated 10.12.1988.

(2.) THE sample of paneer taken from the possession of the petitioner, on an analysis, was found to be adulterated inasmuch as it contained milk fat on dry weight basis 39.3% against the minimum prescribed standard of 50%.

(3.) AFTER hearing learned counsel representing the parties and examining the record, this Court is of the view that ends of justice would be met if petitioner is let off on probation. While, therefore, maintaining the order of conviction against him, he is sentenced in a way that he will fill up the requisite bonds to show good conduct for a period of one year before the Trial Magistrate within a period of one month from the date he receives certified copy of this order. This revision is, thus, partly allowed in the manner indicated above. Revision partly allowed.