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Judgment
4 paragraphs · 250 wordsN.C. Jain, J.
In this case, the interest of justice would be squarely met if the petitioner''s sentence is reduced to the one already undergone. He has suffered the agony of trial for more than 4 years. He has undergone a sentence of one month. Even according to the finding of the Sessions Judge, the adulteration was also marginal. In somewhat similar circumstance, the Hon''ble Supreme Court in Braham Dass v. State of Himachal Pradesh, 1988(2) R.C.R.(Criminal) 184 : AIR 1988 S.C. 1789 , did not think it appropriate that the petitioner must undergo the entire sentence. The following observations made by the Apex Court would be useful to finally conclude. the matter
"Coming to the question of sentence, we find that the appellant had been Acquitted by the trial Court and the High Court while reversing the judgment of acquittal made by the appellate Judge has not made clear reference to clause (f). The occurrence took place about more than 8 years back. Records show that the appellant has already suffered a part of the imprisonment. We do not find any useful purpose would be served in sending the appellant to jail at this point of time for undergoing the remaining period of the sentence, though ordinarily in an antisocial offence punishableunder the Prevention of Food Adulteration Act the Court should take strick view of such matter."
In view of the aforesaid observations, the sentence already under gone is good enough. The petitioner would be set at liberty.