LAXMI NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a revision application filed by Laxmi Narain against the judgment of Shri G.K Sharma, Additional Sessions No. 3, Jaipur City upholding the conviction of the petitioner under Section 7 read with Section 16 of the Prevention of Food Adulteration Act. The petitioner was sentenced to six months' rigorous imprisonment and a fine of Rs. 1,000/ -, or in default of payment of fine to further undergo three months' rigorous imprisonment, Besides this, the petitioner was also convicted for contravening Rule 50 of the Prevention of Food Adulteration Rules and he was awarded imprisonment till the rising of the court and a fine of Rs. 100/ -, or in default further rigorous imprisonment for 15 days.

(2.) ON 16th January, 1971 a sample of cow milk was taken from the container when was being carried on by the petitioner when he was asked to show licence to sell the milk, he could not do so. The milk on examination was found to be adulterated.

(3.) THE result is that the conviction of the petitioner under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, is maintained but the sentence of imprisonment awarded to him is reduced from six months to one already undergone. The sentence of fine shall however remain intact both under Section 7 read with Section 16 of Prevention of Food Adulteration Act and also for contravening Rule 50 of the Prevention of Food Adulteration Rules. The revision is, therefore, partly allowed.