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1981 DIGILAW 429 (ALL)

Amar Singh v. State of U. P

1981-05-11

P.N.BAKSHI

body1981
JUDGMENT P.N. Bakshi, J. - The applicant has been convicted under section 7/16 of the P.F., Act and sentenced to 8 months R.I. and a fine of Rs. 1500,/- by the trial court. His conviction and sentence has been maintained in appeal by the Sessions Judge, Mainpuri. Hence this revision. 2. I have heard learned counsel for the applicant and have also perused the impugned order. A sample of mixed goat and buffalo milk was purchased by the Food Inspector Ram Prakash from the applicant on 5th August, 79 in accordance with the procedure prescribed by law. One of the sample phial, was sent to the Public Analyst for analysis. His report disclosed that it was deficient in fat contents by 16 per cent and in non-fatty solids by 4 per cent. After obtaining the sanction, the applicant has been prosecuted and convicted as above. 3. This revision was admitted by me on the question of sentence only. Both the courts below have concurrently held the guilt of the accused established beyond all reasonable doubt. There is no illegality or perversity in these findings of facts. 4. On the question of sentence, 1 am inclined to give some relief to the applicant, because there is nothing on the record to indicate that the applicant is a previous convict. It is true that the extent of adulteration in the instant case is found both in fat contents as well as in non-fatty solids, but the percentage is not very high. Having regard to these circumstances, 1 hereby maintain the conviction of the applicant for the offence under section 7/16 of the P.F. Act, but I reduce the sentence of imprisonment imposed upon him from 8 months to 6 months, and fine from 1500/- to Rs. 1000/-. The fine shall be deposited within 3 months from today. In the event of default in payment of fine, the applicant shall suffer two monthss R.I. 5. With this modification in sentence this revision application is 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 inter in order passed on 30th Jan. 1981 is hereby vacated.