Research › Browse › Judgment

Madhya Pradesh High Court · body

1979 DIGILAW 74 (MP)

Rahmat Ali v. State of M. P.

1979-02-16

P.D.MULYE

body1979
Short Note : 1. The applicant was convicted of offence under section 7 (1) read with section 16 (1) (a) of the Prevention of Food Adulteration Act and sentenced thereunder to suffer R.I. for six months and a fine of Rs. 1000 by the trial Court. The lower appellate Court maintained his conviction but reduced the jail sentence to three months R.I., and also reduced the fine to Rs. 500 only. Held : Learned counsel for the applicant did not dispute the facts as found by the lower Court. A sample of cow's milk was purchased in requisite quantity from the applicant and after completing all the formalities as required by the said Act and the rules framed thereunder, one part of the sample sent to the Public Analyst, on analysis, found to be below the prescribed standard and, thus, adulterated as the S.N.F. was found to be below the prescribed standard though the milk fat exceeded than the prescribed standard. 2. It was, therefore, submitted on behalf of the applicant that as the deficiency found in S.N.F. was not substantial, it would meet the ends of justice if the amount of fine imposed by the lower appellate Court is enhanced in lieu of the jail sentence of R.I. for three months, as, according to learned counsel for the applicant, this case, from its inception is pending since 1972. 3. Thus, considering the facts and circumstances of the case and after hearing learned counsel appearing for the State, I find that the conviction of and the sentence of fine of Rs. 500 awarded by the lower appellate Court to the appellant have to be and are hereby maintained. As regards the jail sentence of R.I. for three months, it is set aside and, in lieu thereof, the applicant is sentenced to pay a fine of Rs. 500 in addition to the fine already imposed. Revision partly allowed.