SHIV RAM ALIAS SAWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Shiv Ram alias Sawa Was tried for the offence under Section 7/16 of the Prevention of Food Adulteration Act, and sentenced to rigorous imprisonment for a period of nine months and a fine of Rs. 100/ -in default to under go three months rigorous imprisonment, by the Chief Judicial Magistrate, Udaipur by his judgment dated August 2, 1976. In appeal the learned Additional Sessions Judge, Udaipur by the judgment dated March 31, 1978 reduced the substantive sentence to four months' rigorous mprisonment, but upheld the sentence of fine.

(2.) LEARNED Counsel for the petitioner does not press the revision petition on merits but prays for a lenient view being taken in view of the circumstances that a period of about nine years has lapsed since the alleged offence and the petitioner is a young man. In view of the facts and circumstances of the case the learned Public prosecutor does not oppose this prayer.

(3.) THE petitioner has remained in custody for a period of about 36 days so far. In this view of the matter, it is not considered proper to send him behind the bars now after the lapse of such a long period during which he had undergone rigours of a long protracted trial.