SUBHASH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER was convicted under Section 7 read with Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/- and, in default of payment of fine, to further undergo rigorous imprisonment for two months on 10-8-1984 by the Chief Judicial Magistrate, Jind. The appeal filed by the petitioner was dismissed on 7-1-1985 by the Sessions Judge, Jind.

(2.) BRIEF facts giving rise to the present revision are as under:-

(3.) LEARNED counsel for the petitioner, Mr. S. D. Bansal, Advocate, did not address any argument assailing the conviction of the petitioner before me. His solitary contention was speedy trial was the essence of justice and inordinate delay in disposal of the case itself caused sufficient agony to the petitioner; so, it was a fit case where the petitioner should not be sent to jail at this stage and the sentence awarded to him may be reduced to the period during which he remained confined. His contention is that sample was taken on 20-9-1981 and more than 11 years have elapsed. He has further submitted that the present revision petition is pending since 1985; that the petitioner is on bail and that the prolonged litigation itself is a ground for treating the petitioner in a lenient manner In support of this contention, the learned counsel for the petitioner placed reliance on Braham Dass v. The State of Himachal Pradesh, (1988) 15 Cr, L. T. 493 (S. C.), wherein at has been held as under :-