BACHAN SINGH Vs. STATE OF U T CHANDIGARH

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to rigorous imprisonment for one year and a fine of 1000, in default further rigorous imprisonment for three months, under section 16(1) (a) (i) read with section 7 of the Prevention of Food Adulteration Act by the trial Magistrate. An appeal was carried to the Court of Sessions where it failed substantially inasmuch the sentence of imprisonment of the petitioner was reduced from one year's rigorous imprisonment to six months' rigorous imprisonment. The petitioner came up in revision in this Court. The same was admitted by M.M. Punchhi, J, vide his order dated 25th July, 1984.

(2.) ON 26 October, 1982, the petitioner kept in his possession for sale 15 kg of cow's milk. Government Food Inspector O.P. Gautam PW 1 took out a sample and the same was sent for analysis. According to the report of the Public Analyst, Exhibit PE, although the fats were according to the prescribed standard but the milk solids not fats were found short.

(3.) MR . H.S. Gill, learned counsel for the petitioner, could not point out any serious infirmity in the concurrent findings of the Courts below. He submits that the petitioner is a first offender and that he has been under -going the ordeal of trial since 1982 and has been on bail under the orders of this Court since July, 1984. Therefore, he prays that leniency in the sentence is called for. I find substance in the submission of the learned counsel. I do not think that any useful purpose would be served by sending the petitioner to jail at this stage. Consequently I feel that a case for awarding lesser sentence than the minimum prescribed under the law is made out. Accordingly I reduce the sentence of imprisonment of the petitioner to the period already undergone by him. However, the sentence of fine and of imprisonment in lieu thereof would remain undisturbed. But for this modification this revision petition falls and is hereby dismissed. Revision dismissed.