MANGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision by petitioner Mangaram is directed against the judgment dated 27th September, 1978, passed by the Sessions Judge, Alwar, upholding the conviction and the sentence of the petitioner under Section 7/16 of the Prevention of Food Adulteration Act(in short, here in after, 'the Act)'. The petitioner was sentenced to 6 months' SI and a fine of Rs. 100/ - in default of payment of fine, to further undergo 2 months' SI.

(2.) THE petitioner was prosecuted under Section 7/16 of the Act in the court of Munsif and Judicial Magistrate, Alwar. After the trial he was found guilty of the charge levelled against him, and was sentenced by the learned Magistrate as mentioned above. The petitioner then preferred an appeal which was dismissed by the learned Sessions Judge, maintaining the conviction and the sentence under Section 7/16 of the Act.

(3.) MR . Pareek opposed this contention and argued that the minimum sentence awarded under the Act is 3 months, and as the matter is of adulteration no lenient view should be taken.