JAGDISH GUJAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been directed against the judgment dated 10.4.96 passed by the learned Additional Sessions Judge (Special Judge, SC/ST cases) Tonk, whereby he dismissed the petitioner's appeal and confirmed the judgment dated 2.3.94 passed by the learned Chief Judicial Magistrate, Tonk, whereby the petitioner was convicted for offence under section 7/16 (1) (a) (i) Prevention of Food Adulteration Act, 1954 (in short 'the Act') and sentenced him to six months S.l. and a fine of Rs. 1,000.00 and in default to further undergo simple imprisonment for one month.

(2.) Shri G.C. Chatterjee at the very outset has submitted that he does not want to challenge the conviction of the petitioner, but asserted that in this case, the accused- petitioner has already suffered a sentence for a period of three months and twenty three days till date and that there exists mitigatic circumstances in this case and as such the substantive sentence of the petition be reduced from six months to the period already undergone by him.

(3.) The learned Public Prosecutor has opposed this revision petition on the ground that the sentence awarded to the petitioner is neither excessive nor shocking to the conscience.