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1991 DIGILAW 342 (ALL)

Munna Lal @ Ram Asrey v. State of U. P

1991-03-05

S.R.BHARGAVA

body1991
JUDGMENT S.R. Bhargava, J. - This revision was admitted on the point of sentence only. 2. On 8.6.79 Food Inspector purchased sample of mustard oil from the shop of revisionist Munna Lall alias Ram Asrey. That sample was sent to public Analyst who found that it did not conform to prescribe standard. The two lower courts found that the revisionist was selling adulterated mustard oil. There was no finding that mustard oil sold by the revisionist was injurious to health. It is evident that it was adulterated because it did not conform to the prescribed standard. The two lower courts awarded R. I. for one year and fine of Rs. 2,000/-,as sentence to the revisionist. It is obvious that in absence of any finding that the mustard oil was injurious to health the sentence Awarded by the two lower courts is excessive. It is obvious that the sample as taken about 11 years ago. It is further obvious that the revisionist is only a retailer. Considering all the circumstances I hold that there are special and adequate reasons for awarding lesser punishment under the proviso of Section 16 (1) of the prevention of Food Adulteration Act. 3. In result the revision is partly allowed and-sentence of the revisionist is reduced to R. for three months and fine of Rs. 500/ only. Revisionist is on bail. His bail boos are cancelled.