GURDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to undergo six months' rigorous imprisonment and to pay a fine of Rs. 1,000/ -, in default three months' rigorous imprisonment, under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 by the Chief Judicial Magistrate, Jullundur. His conviction and sentence were upheld by the lower appellate Court. He has come up in revision to this Court. The same was admitted by Mr. Justice J.M. Tandon on 16th March, 1984.

(2.) DR . K.M. Mohan, Food Inspector, visited the shop of Hardit Singh, co -accused of the petitioner, in the company of Dr. Chander Mohan, in the main Bazar Goraya, on 27th November, 1979. The Food Inspector took a sample of chillies, which was sent to the Chemical Examiner. According to the report of the Chemical Examiner, the chillies were found to contain more ash and soluble than the prescribed limit. According to the evidence, Hardit Singh, co -accused, purchased the same from the petitioner, i.e., why the petitioner was held liable.

(3.) MR . Sawhney, learned counsel for the petitioner, has not addressed me on merits. He submits that the petitioner is a first offender and he is facing trial since 1979. He has left the profession as he is now a Lecturer in some College. He is on bail since March, 1984. I think no useful purpose will be served by sending the petitioner to jail again at this stage. Accordingly, I reduce the sentence of imprisonment awarded to the petitioner to that already undergone by him. The sentence of fine and the sentence in lieu thereof is maintained.