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1980 DIGILAW 1168 (ALL)

Jagdish Prasad v. State of U. P

1980-12-03

V.K.KHANNA

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JUDGMENT V.K. Khanna, J. - This is an application for rectification of mistake in the judgment dated 11th August, 1980. The applicant was convicted under section 7/16 of the Prevention of Food Adulteration Act and was sentenced to undergo R.I. for six months and to pay a line of Rs. 1000/-. An appeal was filed which was partly allowed. The sentence of six months R.I was convicted into six months S.I. In revision the conviction was maintained. However on the question of sentence, the sentence was reduced to the minimum of three months and Rs. 500/- fine. It appears that in the judgment instead of three months S.I.. it was mentioned that the applicant has to be awarded the minimum sentence of three months R.I. The mentioning of three months R.I. is, therefore, under mistake and is, therefore, accordingly corrected. The applicant is awarded minimum sentence of three months S.I. and Rs. 5v0/- fine. In default of payment of fine the applicant shall undergo S.I. for a period of one month