DAULAT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was convicted under Sec. 7(1) read with Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act and sentenced to undergo R.J. for a period of one year and to pay a fine of Rs. 1,000.00 in default to further undergo R.I. for three months by Chief Judicial Magistrate, Rohtak. He went in appeal before the learned Addl. Sessions Judge (1), Rohtak who reduced his sentence to six months R.I. and a fine of Rs. 500.00. He has challenged his conviction and sentence by way of this petition.

(2.) Only notice regarding sentence was issued. I have perused the record. The petitioner is a first offender. He is a small shop-keeper and the chillies were found to be adulterated only qua colour. In Eknath Vs. State of Maharashtra, 1977(1) F.A.C. 175, it was observed that Courts are competent to award a sentence less than the minimum in Food Adulteration Cases. In Eknath's case (supra) also a sample of red chilli was taken and it was found to be adulterated. The present case is on a better footing. Petitioner has already undergone about one month's R.I.I am of the view that ends of justice would be amply met if the sentence of imprisonment is reduced to that already undergone and the sentence of fine is enhanced to Rs. 1,000.00, in default of payment of fine to undergo six months R.I. It is ordered accordingly.

(3.) Except for the alteration in the sentence, as indicated above, the petition fails and is dismissed. Petition dismissed.