GOPAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is against the judgment dated 5-8-1975 of learned Additional Sessions Judge, Baran, affirming the conviction and sentence of seven months rigorous imprisonment and a fine of Rs. 1500.00 and in default of payment of which, further rigorous imprisonment for two months under section 7/16 of the Prevention of Food Adulteration Act, and dismissing the appeal of the accused-petitioner.

(2.) The only point pressed before me is that the offence adulterating milk took place in the year 1966. The accused-petitioner has also suffered imprisonment for about two months. He has also been imposed a fine of Rs. 1500.00. In the circumstances, twelve years after the offence, the accused may not be sent to jail, specially when the adulteration was not injurious to health.

(3.) I have considered this submission, and in my opinion, the substantive sentence awarded to the accused-petitioner may be reduced to the period already undergone.