RAM DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under section 397 Cr.RC. against the judgment dated 24.1.1994 pronounced by the learned Sessions Judge, Jhalawar in Criminal Appeal No. 23/91 whereby the conviction of the accused petitioner ordered by the learned Chief Judicial Magistrate, Jhalawar, on 18.2.1991 has been maintained under Sec. 7/19 of the Prevention of Food Adulteration Act, 1954 (for short "the Act"). The accused petitioner seeks to quash the judgment dated 18.2.1991 and 24.1.1994, respectively, passed by the learned Chief Judicial Magistrate, Jhalawar and the learned Sessions Judge, Jhalawar, whereby the accused petitioner was convicted and sentenced u/s. 7/16 of the Act to undergo six months imprisonment and fine of Rs. 1000.00 and in default to further undergo three months imprisonment.

(2.) Though the present revision petition has been filed to challenge the impugned order passed by the learned Sessions Judge, Jhalawar, but the learned counsel for the accused petitioner submitted that the petitioner has been facing the trial in the criminal case since 1983 and in view of the facts and circumstances of the case, his sentence, should be reduced to have already been undergone and fine may be increased. The learned counsel for the petitioner has placed reliance in N. Sukumaran Nair Vs. Food Inspector, Mavelikara, (1997) 9 SCC 101 .

(3.) I have reflected over the rival submissions and carefully scanned the material on record. According to the learned counsel for the accused petitioner, the allegation of commission of offence against the petitioner is of the year 1983, the petitioner was convicted by the learned trial court vide order dated 18.2.1991, the petitioner's appeal was dismissed by the learned appellate court on 21.1.1994 and after dismissal of the appeal by the appellate court, the petitioner remained in custody from 24.1.1994. He was released on furnishing bail bonds after the bail order passed by this court only on or after 5.2.1994 as the bail bonds were submitted before the learned trial court on 5.2.1994.