OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Om Parkash was convicted under Section 16(I)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (the Act, for short) by the Additional Chief Judicial Magistrate, Rohtak, on October 20, 1986, and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/- or in default of payment of fine, to undergo further rigorous imprisonment for three months. Appeal against conviction and sentence filed by the petitioner was dismissed by the learned Additional Sessions Judge (III), Rohtak on January 24, 1987. Hence this revision petition.

(2.) BRIEFLY , the facts of the prosecution case are as under :-

(3.) MR . S.V. Rathee, Advocate, learned counsel for the petitioner, did not address any argument before me with regard to the conviction of the petitioner. His solitary contention was that the speedy trial was the essence of justice and inordinate delay in disposing of the case itself was sufficient agony to the petitioner. The trial of the petitioner started on November 26, 1983, whereas the sample of milk was taken from the petitioner's shop on June 27, 1983. He further contended that as the trial of the petitioner continued for about three years, therefore, it was a fit case where the petitioner should not be sent to Jail at this stage and the sentence of imprisonment awarded to him be reduced to the period during which he remained confined in Jail. The learned counsel for the petitioner further submitted that the revision petition of the petitioner was admitted on March 26, 1987 and since then he is on bail and this prolonged litigation itself was a ground for treating the petitioner in a lenient manner. In support of this contention, the learned counsel for the petitioner placed reliance on the judgment of the Supreme Court reported as Braham Dass v. The State of Himachal Pradesh, 1988(2) Recent Criminal Reports 184 : 1988(2) Prevention of Food Adulteration Cases 13.