LAWS(P&H)-2013-5-349

SHYAM LAL Vs. STATE OF HARYANA

Decided On May 16, 2013
SHYAM LAL Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THE epitome of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant criminal revision petition and emanating from the record is that, in the wake of complaint filed by the State of Haryana through its Government Food Inspector and having completed all the codal formalities, the petitioner -convict Shyam Lal son of Kashmiri Lal, was convicted and sentenced to undergo rigorous imprisonment for a period of six months, to pay a fine of Rs. 1,000 and in default of payment of fine, to further undergo simple imprisonment for a period of one month, for the commission of offence punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1951 (hereinafter to be referred as "the Act") by the Chief Judicial Magistrate, Karnal, vide impugned judgment of conviction dated 10.1.2011 and order of sentence dated 12.1.2011. Aggrieved thereby, the appeal filed by him, was dismissed as well by the Appellate Court, by means of impugned judgment dated 12.2.2013.

(2.) SEQUELLY , the petitioner -convict still did not feel satisfied and preferred the present criminal revision petition, to challenge the impugned judgments of conviction and order of sentence, invoking the provisions of Section 401 Cr.P.C.

(3.) AT the very outset, the bare perusal of the custody certificate filed on behalf of the State would reveal that the petitioner convict has already undergone the substantive portion of his sentence of imprisonment of three months and five days, out of total sentence of imprisonment of six months for the commission of offence punishable under Section 16(1)(a)(i) of the Act, awarded by the trial Court.