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Allahabad High Court · body

1980 DIGILAW 1084 (ALL)

Lakhan v. State of U. P

1980-11-14

P.N.BAKSHI

body1980
JUDGMENT P.N. Bakshi, J. - The applicant has been convicted under sections 7/16 of the Prevention of Food Adulteration Act and sentenced to 1 years R.I. and a fine of Rs. 1000/- by the trial court. His conviction has been maintained by the Sessions Judge, Gorakhpur vide his order dated 11-12-1975 but the sentence of imprisonment imposed upon him has been reduced from 1 year to 6 months R.I. The sentence of fine of Rs. 1000/- has been maintained. Hence this revision. 2. I have carefully perused the impugned orders. 3. According to the prosecution case the Food Inspector purchased a sample of milk which the applicant was carrying for sale in accordance with the procedure prescribed by law on 18th September, 75. One of the sample phials was sent for analysis to the Public Analyst. It disclosed that the sample of milk was deficient in fat contents by 48 per cent and in non-fatty solids by 48 per cent. After obtaining sanction, the applicant has been prosecuted and convicted as above. 4. Both the courts below on a consideration of the evidence on the record and the circumstances of the case have held the guilt of the accused fully established beyond all reasonable doubt. I do not find any illegality or perversity in the assessment of evidence and the findings recorded by the Subordinate courts to warrant interference in revision. I find from the impugned order that an argument was raised that the applicant was an old man and therefore, he should be given the benefit of the First Offenders Probation Act. Adulteration of milk is becoming very rampant and can not be dealt with leniently. The adulteration in the instant case was very heavy. In these circumstances, it would not be in the interest of justice to reduce the sentence any further or to give the benefit of the First Offenders Probation Act to the applicant. 5. There is no merit in this application under revision, which is hereby dismissed. The applicant is on bail. He shall be taken into custody forthwith to serve out the unexpired portion of the sentence of imprisonment. The interim order passed by this court on 20th December, 79 is hereby vacated.