RAM SARAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision is against the order dtd. 17/1/2007 of conviction recorded by the trial Court, which has been affirmed by the Appellate Court on 28/5/2008.

(2.) Brief facts, relevant to the case are that shop of the petitioner was inspected by Food Inspector on 22/12/1994 at about 3.30 PM and sample of khoya was taken, which on analysis was found to be adulterated. After trial, learned Chief Judicial Magistrate, Kurukshetra convicted the petitioner for committing offence under Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short, 'the Act') vide judgment dtd. 17/1/2007 and vide a separate order dtd. 19/1/2007, sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of '1,000/- with default sentence of 15 days. Appeal filed by the petitioner against the said judgment of conviction and order of sentence was dismissed by learned Sessions Judge, Kurukshetra on 28/5/2008.

(3.) Before this Court, short submission made by learned counsel for the petitioner is to reduce the sentence of the petitioner for the period already undergone by him, having regard to his advanced age and protracted trial. It is pointed out by learned counsel that against the minimum prescribed standard of 20% milk fat, the sample was found to contain 19.5% milk fat i.e., only 0.5% deficiency. Offence was committed in December, 1994 and a period of almost 29 years has elapsed and by this time, petitioner is more than 70 years of age. He has remained in custody from 28/5/2008 till his sentence was suspended by this Court vide order dtd. 3/6/2008.