RAM SINGH Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) THE petitioner has been charged for the commission of offence under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and sentenced to undergo rigorous imprisonment for nine months and to pay a fine of Rs. 1,000/-. The aforesaid sentence of rigorous imprisonment awarded by the learned trial Magistrate was reduced by the learned Additional Sessions Judge, Chandigarh in appeal from rigorous imprisonment for nine months to rigorous imprisonment for six months.

(2.) AS per the prosecution, on July 11, 1985 the petitioner was intercepted by the Food Inspector and was found carrying about 20 kgs of cow milk kept in a drum for sale. A sample was taken and ultimately on analysis it was found to be adulterated. On receipt of the report of the Public Analyst, the Food Inspector filed a criminal complaint under the Prevention of Food Adulteration Act, 1954. The petitioner was summoned. He appeared. He pleaded not guilty to the charge and opted to face the trial.

(3.) SHRI G.S. Sawhney, the learned counsel for the petitioner has submitted that the matter pertains to the year 1985 and the petitioner has already suffered a protracted trial. Even the present petition has remained pending in this Court since 1989. Shri Sawhney submits that under these circumstances the petitioner may not be sent back to jail but may be ordered to be released on probation.