OM PARKASH 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 R.I. for four months under section 16(1)(a)(i) of the Prevention of Food Adulteration Act by the learned Chief Judicial Magistrate, Bhiwani vide his order dated 26.2.1983. The conviction and sentence of the petitioner were upheld by the lower appellate Court. The petitioner came up in revision to this Court. The same was admitted by S.S. Dewan, J. vide his order dated 23.2.1984.

(2.) ON 14th December, 1981 at 5.00 P.M. Food Inspector Amar Nath Gupta visited the shop of the petitioner and took sample of Ghee. The same was sent to the Public Analyst for Analysis. According to the report Exhibit PD the same was sub -standard. At the request of the petitioner another bottle which was retained by him was sent for analysis. The report on the same Exhibit PX is in the following terms : "The sample does not conform to standard of Ghee for Haryana laid down in table below clause A 11. 02.21 of PFA Rules (1955) in that (i) Reichert value is less than the minimum prescribed limit and (2) B.R. reading is above the maximum Prescribed limit. "Mr. Kaushik, learned counsel for the petitioner has not addressed me on merits. He submits that the sample was taken in the year 1981. Since then the petitioner is facing the agony of trial; that he is a first offender and that he is on bail under order of this court since February, 1984. I think no useful purpose will be served by sending this man to jail at this stage again. I feel a case for awarding 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 modification the petition fails and is hereby dismissed. Petition dismissed.