ORDER S.I. Jafri, J. - This revision filed by Attar Singh hereby impugning his conviction under section 7/16, P.F A. Act was admitted by this Court on the question of sentences alone. 2. On being convicted under section 7/16 of the Prevention of Food Adulteration Act and sentenced to undergo R.I for 3 months and also a fine of Rs. 500/-. The applicant went up in appeal before the Sessions Judge Rampur, which came to be heard and decided by II Addl. Sessions Judge, Aligarh. The learned II Addl. Sessions Judge, Aligarh upon a consideration of the facts and circumstances and appraisal of the evidence on record, dismissed the appeal and affirmed dm conviction and sentences recorded by the court below, 3. The facts of the case are that on 8.8 1981 at 9 a.m. the Food Inspector spotted applicant Attar Singh selling milk outside the Railway Boundary near the tubewell owned by Kapoor Saheb. On demand of licence, the applicant could not produce any licence, and hence he was challaned and after obtaining requisite permission of the Chief Medical Officer, a complaint was filed in the court for prosecuting the applicant. 4. In the instant case, prosecution examined two witnesses. Ranvir Sharma, Food Inspector has been examined as P.W. 1 and Har Pal Singh, has been examined as P.W. 2 in support of the prosecution case. 5. In view of the fact that this revision has been admitted on the question of sentence alone, 1 do not propose to re-appraise the evidence on record on merit. However, as a measure of abundant caution, I have looked into the statements of the witnesses. 6. I have heard the learned Counsel for the applicant as well as the learned counsel for the State. 7. The learned counsel for the applicant has drawn my attention to a number of infirmities and discrepancies which the prosecution case suffers from. It is also submitted by the learned counsel that P.W. 1 Har Pal Singh who had been examined by the prosecution as independent witness, did not lend any support to the version of the prosecution and hence the prosecution case falls to the ground. 8. I have gone through the judgment an order passed by the court below and upon a careful examination, I find that the finding arrived at by the learned lower appellate court is fortified by cogent and convincing reasons.
8. I have gone through the judgment an order passed by the court below and upon a careful examination, I find that the finding arrived at by the learned lower appellate court is fortified by cogent and convincing reasons. The learned Sessions Judge has dwelt in detail on the contentions raised by the learned counsel for the applicant and has rightly deduced the guilt of the applicant. It is not an exception that the evidence of a single witness cannot be attached any credit. What is of import, is the quality of evidence and not the quantity. The evidence of Food Inspector cannot be aspersed upon in the absence of any animus being ascribed to him. 9. Ultimately it is contended by the learned counsel for the applicant that the incident in the instant case relates to the year 1981 and since then applicant has settled in his life. It is next contended that it is the first offence of the applicant and that if the applicant is made to serve the sentence of imprisonment, it would visit upon the family of the applicant with disastrous consequences. I also hold the view that opportunity should be afforded to the applicant to reform and rehabilitate himself in the society and with this end in view, I feel that applicant be treated leniently. However, upon a peep into the desirability whether the sentences awarded by the court below, can further be reduced, it transpires that the court below has already awarded minimum sentences to the applicant and it is not possible to reduce the sentence any further. 10. In the result, the revision is dismissed. The conviction and sentences recorded are affirmed. The applicant who is enlarged on bail shall be taken into custody to serve out the sentences 11. Office is directed to send a copy of this judgment to the court below for necessary information and action, within 15 days from today.