NAND LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON May 24, 1990, Nand Lal, revision petitioner was intercepted by Govt. Food Inspector Shri C. L. Sikri when he was found in possession of 12 Kgs of cow's milk in a drum for public sale. After service of notice Exhibit PA on the petitioner, the Food Inspector purchased 660 mls of milk from him on payment of Rs. 1.50 vide receipt Exhibit PB. The sample so purchased was divided into three equal parts and was sealed in three dry and clean bottles according to the procedure prescribed for the same. One sample bottle was sent to the Public Analyst and the remaining two were deposited with the Local Health Athority The Public Analyst vide his report Exhibit PD found that the milk was deficient in milk solids not fat by 9%. Prosecution was launched against the petitioner and he was tried for an offence under section 16(1)(a)(i) read with section 7 of the Prevention of Food Adulteration Act. He was convicted and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/- by Shri U. B. Khanduja, Chief Judicial Magistrate, Kurukshetra. Feeling aggrieved, the petitioner preferred an appeal against the judgment dated 31-1-1986 vide which he was convicted, but his appeal was dismissed and his sentence and conviction were maintained by the learned Sessions Judge Kurukshetra, as-per judgment dated May 26, 1986. Both these judgments have been assailed by the petitioner by way of present revision petition.

(2.) I have heard Shri Gurnam Singh, learned counsel for the appellant, and Shri Randhir Singh, DAG Haryana, for the respondent.

(3.) THE authorities referred to above are applicable to the facts of the present case. The petitioner who is an old man is a first offender and has a clean record. He has already faced this trial for the last 11 years and in the circumstances of the case it will be appropriate if he is not sent to jail. The sentence is therefore, reduced to the period already undergone. The sentence of fine is, however, maintained. The petition is partly allowed on the question of sentence as mentioned above. Petition partly allowed.