JUDGMENT 1. - This revision petition is directed against the judgment of the learned Addl. Sessions Judge, Kota dated 7/3/1981. The accused-petitioner has been convicted for an offence under Section 7/16 of the Prevention of Food Adulteration Act, and has been sentenced to six months simple imprisonment and a fine of Rs. 1,000/- and in default of payment of fine to a further simple imprisonment for four months. 2. It has been contended on behalf of the accused-petitioner that he has faced a protracted trial commencing from 17/4/1973. It has-also been contended that the adulteration is also a marginal one. The fact contents ought to have been 3.5% were found to be 2.2%. It has also been contended that tic accused-petitioner remained in custody for 13 days. It has also been contended that the accused-petitioners fine may be increased from Rs. 1000/- to Rs. 2000/- and the substantive sentence may be reduced to the imprisonment already undergone. It has also been contended that the benefits of Section 360, Cr. P.C have not been extended to the accused-petitioner in express violation of Section 361, Cr. P.C. 3. On behalf of the State, learned Deputy Government Advocate has been heard. Looking to the facts and circumstances of the case, the learned Deputy Government Advocate has no objection to the reduction of the substantive sentence if the fine of Rs. 1,000/- is increased to Rs. 2,000/-. 4. Respective contentions of the learned counsel for the parties have been considered and the record of the case carefully perused. 5. Taking an overall view of the entire facts and circumstances of the case and also keeping in view that the petitioner has faced a prolonged trial for a period of 8 years, it does not appear unreasonable to show a little leniency to the accused-petitioner. 6. Accordingly, the conviction of the accused petitioner is upheld. The substantive sentence of the accused petitioner is reduced to the imprisonment already undergone. The accused petitioner shall pay a fine of Rs. 2000/- instead of Rs. 1,000/- as agreed by the learned counsel for the petitioner. The fine shall be deposited within two weeks of this order failing which the accused shall be taken into custody to undergo three months rigorous imprisonment in default of payment of this balanced fine.
The accused petitioner shall pay a fine of Rs. 2000/- instead of Rs. 1,000/- as agreed by the learned counsel for the petitioner. The fine shall be deposited within two weeks of this order failing which the accused shall be taken into custody to undergo three months rigorous imprisonment in default of payment of this balanced fine. The accused-petitioner shall be released forthwith on his executing the personal bond that he will deposit the entire enhanced fine within two weeks. 7. Ordered accordingly.Order Accordingly. *******