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Judgment
4 paragraphs · 268 wordsK.P.S. Sandhu, J. (Oral)
Mohan Lal petitioner has come up in revision against his conviction and sentence of rigorous imprisonment for six months and a fine of Rs. 1000, in default further rigorous imprisonment for four months, under section 16 (1) (a) (i) of the Prevention of Food Adulteration Act.
As per the prosecution version, the petitioner had kept in his possession 10 Kgs of cow''s milk for sale. A sample was taken by Dr. Gurdial Singh PW1 on 5th May, 1982. The same was sent for analysis. According to the report of the Director Exhibit PY, there was no shortage as far was milk fats were concerned. However, there was a shortage of 0.7 percent as far as milk solids not fats were concerned.
Mr. Amarjit Markan, learned counsel for the petitioner, has not addressed me on the merits. He submits that the petitioner is a first offender, that he has been facing the trial since 1982, that he has been on bail under the orders of this Court since July, 1984, and that there is no shortage of milk fats and a very minor shortage as far as milk solids not fats are concerned. He, therefore, prays for a reduction in the sentence. I think that a case of awarding a lesser sentence than the minimum prescribed under the law is made out. Consequently I reduce the sentence of imprisonment of the petitioner to the one already undergone by him. However, his sentence of fine and of imprisonment would remain undisturbed. But of this modification this revision petition fails and is hereby dismissed.