NIHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to R.I. for nine months and fine of Rs. 1000/ -, in default R.I. for two months under section 7 read with section 16 (1)(a)(i) of the Prevention of Food Adulteration Act by the Sub -Divisional Judicial Magistrate, Narwana vide his orders dated 17/20 -4 -1985). His conviction and sentence were upheld by the lower Appellate Court. The petitioner has come up in revision to this Court.

(2.) ON the last date of hearing notice regarding sentence was issued.

(3.) THE petitioner kept in his possession 15 kg. of cow milk for sale. A sample of the same was taken by Ajmer Singh PW 1, Food Inspector on 31 -3 -1984. The same was sent for analysis. According to the report Exhibit PD of the Public Analyst, milk was found to be 13% deficient of milk solids not fats, of the minimum prescribed standard. The petitioner is not a previous convict. I don't think there was any ground for awarding him more sentence than the minimum prescribed under law. Consequently, his sentence is reduced from nine months' R.I. to R.I. for six months. 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.