RAM SARUP Vs. STATE OF HARYANA

JUDGEMENT

(1.) On 21.8.1980, Shri C.L. Grover, accompanied by Dr. H.R. Goshal, Deputy Chief Medical Officer, Ambala visited the premises of the petitioner who was running a Halwai shop. He was found in possession of 7 Kgs of Barfi contained in a Thal for public sale. Sample seized was of the Barfi which was found to be adulterated on analysis. Petitioner was challaned and the Chief Judicial Magistrate, Ambala, vide order dated 30.4.1985 convicted him under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act and sentenced him to undergo rigorous imprisonment for six months and a fine of Rs. 1,000/-. In default of payment of fine he was ordered to undergo further rigorous imprisonment for one month. His appeal was dismissed by Shri Hari Ram, Sessions Judge vide order dated 28.11.1985.

(2.) Feeling aggrieved he has filed this revision.

(3.) I have heard the learned counsel for the petitioner. The learned counsel for the petitioner has not argued on merits but has submitted that the incident relates to 1980 and the petitioner has already undergone agony of trial for the last 9 years and the counsel has prayed for reduction in the sentence. The counsel placed reliance on Braham Dass v. State of Himachal Pradesh, 1988 AIR(SC) 1789wherein it was held as under :-