SIRI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to R.I. for six months and to pay a fine of Rs. 1,000/ - in default S.I. for three months under Section 16(1)(a)(i) read with Section 7(i) of the Prevention of Food Adulteration Act by the learned counsel Judicial Magistrate, Sirsa vide his order dated 14.2.1983. His conviction and sentence were upheld by the lower appellate Court. The petitioner came in revision to this Court. The same was admitted by M.M. Punchhi, J. vide his order dated March 29, 1984.

(2.) THE petitioner had kept for sale 8 kg. of milk. Shri Bhagwan Dass, Government Food Inspector PW -1, after disclosing his identity and after serving due notice to the petitioner purchased 660 mls. of boiled cow's milk on payment of Rs. 1.35 paise and the same was sent for analysis. According to the report of the Public Analyst, it contained milk fats 3.2 and milk solids not fats 10 per cent. Thus it was deficient by 25 per cent in milk fats. Mr. N.K. Kapoor, learned counsel for the petitioner has not addressed me on merits. He submits that the petitioner is a first offender, that he is undergoing the ordeal of trial since the year 1981 and that he is on bail under orders of this Court since March, 1984. Therefore, he prays that the leniency in the sentence is called for. I feel that no useful purpose will be served by sending the petitioner to jail at this stage and a case for awarding the lesser sentence than the minimum prescribed under the law is made out. Consequently, I reduce the sentence of the petitioner to one already undergone. However, the sentence of fine and sentence in lieu thereof would remain undisturbed. But for this notification, the petition fails and is hereby dismissed. Petition dismissed.