BHUPINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER was convicted [it an offence punishable under Section 7 read with Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954 (the Act for short) vide judgment dated 19.7.2011 passed by the trial Court. Vide order of the even date, he was sentenced to undergo rigorous imprisonment for a period of one year and a fine of Rs. 1,000. Aggrieved by the same, petitioner filed an appeal, which was dismissed vide judgment dated 1.2.2013 passed by the Appellate Court. Hence, the present revision petition by the petitioner. Learned counsel for the petitioner, during the course of arguments, has not challenged the conviction part of the judgment and has prayed that the sentence, qua imprisonment be reduced to already undergone by the petitioner. Petitioner is in custody since 1.2.2013. Reliance has been placed on decision of this Court in Risala v. State of Haryana, (O&H) 2008 (2) RCR (Criminal) 239, wherein it was held that since the petitioner had suffered protracted trial of 24 years, it would be appropriate to reduce the sentence as already undergone. However, the sentence of fine was enhanced to Rs. 10,000.

(2.) ACCORDINGLY , the conviction of the petitioner under Section 7 read with Section 16(1)(a) of the Act is maintained. However, the sentence qua imprisonment is reduced to already undergone by him and sentence of fine is enhanced to Rs. 15,000 to be deposited by the petitioner within a period of one month. In case the petitioner fails to deposit the amount of fine i.e. Rs. 15,000 within one month from today, the petition shall be deemed to have been dismissed.