VED PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition has been directed against the judgment dated 3rd march, 1994 passed by the learned Sub Divisional Judicial Magistrate, Hansi and judgment dated 13th July, 1995 passed by the Additional Sessions Judge, Hisar. In terms of the judgment, the learned trial court had convicted the petitioner under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act and had sentenced him to undergo RI for a period of one year and to pay fine of Rs. 1,000/- (in default of payment of fine to further undergo R.I. for one month).

(2.) THE petitioner filed an appeal against the judgment of the trial court dated 3rd March, 1994 and the learned Additional Sessions Judge, Hisar vide his judgment dated 13th July, 1995 dismissed the appeal and upheld the judgment of the learned trial court.

(3.) AFTER going through the contents of the judgments of the courts below I do not find any infirmity in the findings of the courts below as the said findings are based on legal evidence. The learned counsel for the petitioner, however, submitted that the complaint was filed on 3rd December, 1986 and the charge was framed six times. He further submitted that the petitioner had been facing trial for the last 8-1/2 years. He also submitted that the petitioner has not been convicted earlier and he has been in custody since 13th July, 1993. He, therefore, contended that the petitioner should be granted concession under the provisions of the Probation of Offenders Act.