JETHMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Jethmal against the order of the Additional Sessions Judge, Sirohi dated 21st Sept., 1978 whereby he has upheld the conviction of the petitioner under Sec. 16 of the Prevention of Food Adulteration Act, 1954 and has sentenced the petitioner to imprisonment for a period of six months and a fine of Rs. 1,000.00. The petitioner has been found guilty of adulteration of milk, on the ground that the sample of the milk taken from him contained 3.3% fat as against the prescribed fat content of 4-5% in respect of mixed milk. Having considered the submissions urged by the learned counsel for the petitioner, I am not inclined to interfere with conviction of the petitioner.

(2.) As regards sentence, the counsel for the petitioner has pointed out that petitioner was found to be selling cow and goat milk mixed and that the fat content prescribed for the cow milk for Rajasthan is 3.5% fat and for goat milk the prescribed fat content is 3%. The learned counsel has also pointed out that the fat content of 4.5% has been prescribed in respect of milk of cow and buffalo mixed. The learned counsel for the petitioner has further pointed out that the present case is governed by the provisions of Sec. 16 of the Prevention of Food Adulteration Act, as it stood prior to the amendment introduced in 1976 and that under the said provisions, it was permissible to impose a sentence of imprisonment for a term less than 6 months and a fine of less than Rs. 1,000.00 in cases falling under sub-clause (a) of sub-section (1) and that the present case falls under sub-clause (a) of sub-section (1) of Sec. 16 of the Prevention of Food Adulteration Act, 1954. The learned counsel has also pointed out that the petitioner has already undergone imprisonment for 15 days and that the petitioner is very poor.

(3.) Taking into consideration the facts and circumstances referred to above, I am of the view that a sentence for period already undergone and a fine of Rs. 500.00 would meet the ends of justice. In the result the revision is partly allowed to the extent that the sentence is reduced to the period of imprisonment already undergone and the fine is reduced to Rs. 500.00 to be deposited within a period of one month and in default of payment of fine, the petitioner will undergo imprisonment for a period of one month. Revision partly allowed.