JUDGMENT 1. - Heard. 2. This is a revision petition against the judgment of learned Addl. Sessions Judge No. 3, Sri Ganganagar in criminal appeal No. 17/96 whereby he rejected the appeal and confirmed the conviction of the petitioner and sentence passed by the learned Chief Judicial Magistrate in criminal case No. 84/90 by which he had convicted the accused petitioner for the offence u /s. 7/16 Prevention of Food Adulteration Act and awarded six month's simple imprisonment and a fine of Rs. 1,000 /- and in default of payment of fine to further undergo one month's simple imprisonment. 3. I have heard the learned counsel for the petitioner as well as learned P.P. for the State and have also perused the record carefully. 4. The facts in brief are that Ashok Kr. petitioner was checked by Sant Ram, Food Inspector on 8.6.1989 at Aboher Road. The petitioner was carrying cow's milk in two Cans on a motor cycle for the purpose of sale. 7.5 ml. cow's milk was purchased from the petitioner by Sant Lal and receipt Ex. P/1 was obtained. The sample was poured in 3 bottles. Formallin was added and the bottles were sealed. One of the samples was sent to the public analyst who examined and found that the milk fat content 3.3% and milk solids non-fat 5.82% and thus the sample was adulterated as it did not confirm to the prescribed standard provided under provision of Adulteration Rules. Then consent was obtained from the Local Health Authority and complaint was submitted before the learned Chief Judicial Magistrate where accused petitioner faced trial according to law. He was ultimately convicted by the learned Chief Judicial Magistrate for offence under section 7& 16, Prevention of Food Adulteration Act and sentenced as stated above. On appeal he was unsuccessful. 5. Learned counsel for the petitioner did not challenge the conviction on merits. He is right because in revisions the appreciation of evidence can be done only in such cases where there are procedural errors or it appears when injustice has been done to the accused. Reference may be made to Bharosi v. State of Raj., WLN (1) 1986 page 548. 6. I have read the evidence recorded before the trial Court. Statement of.Sant Lal and other witness PW 1 Ram Swaroop and PW 2 Ramji Lal very well proved the case against the petitioner. PW 4 Dr. Reference may be made to Bharosi v. State of Raj., WLN (1) 1986 page 548. 6. I have read the evidence recorded before the trial Court. Statement of.Sant Lal and other witness PW 1 Ram Swaroop and PW 2 Ramji Lal very well proved the case against the petitioner. PW 4 Dr. Murli Manohar who gave consent was also examined. No fault is found in the consent. Therefore, it is a case in which the trial Magistrate as well as the learned Sessions Judge who heard the appeal have rightly convicted the accused petitioner. 7. The next contention of the learned counsel for the petitioner is that the petitioner had under gone imprisonment of 11 days as it is found from the warrant of commitment to jail. He was sent to custody on 9.12.1996 and was released on 20.12.1996. The learned counsel for the petitioner submits that in the facts and circumstances when the sample was taken on 8.6.1989 and the petitioner has under gone not only mental strain but also suffered financially for about 9 years he may be treated with leniency. He submitted that the period which the petitioner has already undergone is sufficient in the facts and circumstances of this case. He cited Braham Dass v. State of Himachal Pradesh, 1988 Cr. L.R. (SC) 510. 8. Learned P.P. submits that in case the sentence is reduced the fine may be increased. I do not agree with this contention of learned P.P. In the facts and circumstances the period of 11 days as the petitioner has already under gone is sufficient. 9. Consequently, the petition is partly allowed while maintaining the conviction of the petitioner under section 7/16 of Prevention of Food Adulteration Act, he is sentenced to the period already under gone. Sentence of fine is maintained. Two months time is granted to deposit the fine from today.Revision allowed. *******