ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was convicted under section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 on 11.4.1986 by the Sub-Divisional Judicial Magistrate, Narwana and was sentenced to undergo rigorous imprisonment. for nine months and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo further rigorous imprisonment for three months. Appeal filed by the petitioner was dismissed by the Additional Sessions Judge (11), on 13-9-1986, hence, this revision Petition.

(2.) THE prosecution case In brief is as under:-

(3.) MR . Bhoop Singh; learned counsel for the petitioner, has not addressed any argument before me to assail the conviction of the petitioner. His solitary contention is that speedy trial is the essence of justice and inordinate delay in disposing of the case itself has caused sufficient agony to the petitioner. He has further submitted that it is a fit case where he should not be sent to jail at this stage and sentence awarded to him may be reduced to the period during which he remained confined. He contended that sample of milk was taken from the petitioner in the year 1984 and more than 9 years have elapsed that the revision petition is pending since 1986 and that this prolonged litigation itself is a ground. for treating the petitioner in a lenient manner. In support of this contention, the learned counsel placed reliance on the case of Brahm Dass v. The State of Himachal Pradesh, 1981(II) Prevention of Food Adulteration Case 13. In this case, it was observed as under :