Research › Search › Judgment

Punjab High Court · body

2005 DIGILAW 1243 (PNJ)

Sham Sunder v. State of Haryana

2005-12-07

M.M.AGGARWAL

body2005
ORDER M.M. Aggarwal, J. - This is a petition against judgment dated 11.12.1990 of Additional Sessions Judge, Karnal, whereby appeal of the petitioner against judgment dated 13.12.1988 of Chief Magistrate Karnal was dismissed. Vide that judgment of Chief Judicial Magistrate Karnal, petitioner was convicted for offence under Section 16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 and was sentenced to undergo RI for six months and to pay fine Rs. 1,000/-. In default of payment of fine to further undergo RI for two months. 2. The case of the prosecution against the accused petitioner was that on 11.12.1985 he was found having 6 kgs of cow milk contained in a Patila for public sale. Government Food Inspector had purchased milk from the petitioner for sampling. One sample was sent to Public Analyst. It was found to be 12.5 per cent deficient in milk solid not fat than the prescribed standard. 3. Counsel for the petitioner did not address arguments on merits but has prayed that lenient view be taken as about 20 years have passed since this sample was taken. 4. Petitioner had remained in custody for some time after his appeal was dismissed by Additional Sessions Judge, Karnal. 5. I do not find it a fit case where the petitioner should be sent to jail at this stage. 6. Under these circumstances, the sentence of imprisonment is reduced to the period already undergone. However, fine is enhanced from Rs. 1,000/- to Rs. 5,000/-. The difference of fine of Rs. 4,000/- shall be deposited in the Court of Chief Judicial Magistrate, Karnal within a period of three months. In default of payment of fine to undergo RI for six months. With above modification, this revision stands dismissed. Petition dismissed.