JUDGMENT 1. The learned Additional Sessions Judge, Tonk has mnde a reference to this Court vide his Order dated the 26th of February, 1973. 2. The brief facts of the case which are relevant for the disposal of this reference are, that the non-petitioner Kaliya was found selling milk at Ajmer Road near Hathroi at about 6 p. m. on 25th November, 1970. The sample of milk was taken and was sent for chemical examination. The non-petitioner No. 1 Kaliya was selling the milk on behalf of non-petitioner No. 2 Soliya. The accused-non petitioners pleaded guilty before the trial Magistrate who sentenced each of them till rising of the court and to pay a fine of Rs 250/- each. Both of them were also found guilty under Rule 50 of the Food Adulteration Rules and were sentenced to pay a fine of Rs. 10/- each. On a revision being filed the learned Additional Sessions Judge, Tonk made a reference suggesting enhancement of sentence. 3. A notice for enhancement of sentence was issued on 26.2.1973 by the learned Single Judge. 4. Learned counsel for the parties have been heard. 5. Mr. Khan has stated that as the incident is as old as 25th of November, 1970 he would have no objection if the Court declines to answer the reference keeping in view that the accused non-petitioners have faced such protracted trial and the age of Kaliya at the time when the offence was committed was 18 years. Shri Rastogi, learned counsel for the petitioner, has contended that they have given up the profession of selling the milk. 6. Having considered the entire facts and circumstances of the case, we think that it would not be unreasonable to decline to answer this reference after the lapse of such a long time. The accused-non-petitioners have been convicted and it is said at the Bar that the fine has been deposited. Under these circumstances we decline to answer the reference and reject the same accordingly.Reference rejected. *******