VIJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition is directed against the judgment of learned Sessions Judge, Bhiwani dated 21.4.1989 arising out of the judgment dated 12.9.1987 of learned Chief Judicial Magistrate, Bhiwani whereby the learned Magistrate has held the petitioner guilty under section 16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 (for short the 'Act') and has sentenced him to undergo RI for one year and to pay a fine of Rs. 3000/-, in default of payment of fine to further undergo RI for three months. However, the appellate court has reduced the substantive sentence from one year to six months and the fine from Rs. 3000/- to Rs. 1000/-, in default of payment of fine to further undergo RI for two months. Hence, this revision.

(2.) THE learned counsel for the petitioner has not challenged the order of conviction and has confined his arguments to the question of sentence only. He contends that although minimum sentence is prescribed under the Act, this Court while taking the view that the accused are facing the trial for many years have either reduced the sentence to the period already undergone by them or have released them on probation as well. In support of his contentions, the learned counsel relies upon the following judgments :-

(3.) THE learned State counsel has, however, refuted the arguments submitted by the learned counsel for the petitioner and contends that the petitioner does not deserve any leniency with regard to quantum of sentence.