RAM BHAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this jail petition, the petitioner, has challenged the conviction under section 16(1)(a)(i) read with section 7 of the Prevention of Food Adulteration Act 1954.

(2.) THE prosecution case is that petitioner was intercepted on 16.10.1984 by Shri A. N. Gupta Government Food Inspector PWI who was accompanied by doctor S. P. Aggarwal PW3 and one Shamsher Singh. The petitioner was found to be carrying 10 kgs. of cow's milk, in a drum. A sample was taken. It was sent for analysis and found to be deficient of the minimum prescribed standard. After trial, the Chief Judicial Magistrate Jind convicted the petitioner and sentenced him to 16 months rigorous imprisonment and a fine of Rs. 1,000/- and in default of payment of fine to further rigorous imprisonment for five months. He filed an appeal which was dismissed by Shri S.D. Anand, Addl. Sessions Judge, Jind. Feeling aggrieved, he has filed this revision.

(3.) THE verdict of guilt has been correctly returned against the petitioner; yet I feel that the sentence awarded to the petitioner is excessive. As the matter relates to the year of 1984 and he was carrying a small quantity of milk, I am of the view that a reduction in sentence is called for. It is ordered that the sentence of imprisonment is reduced from 16 months to one year. The sentence of fine shall remain as it is. With this modification, in the sentence, this revision is disposed of.