Mohinder Lal vs State of Haryana

Ashutosh Mohunta, J.

The petitioner was convicted under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act by the Chief Judicial Magistrate, Panipat vide his judgment dated 11.6.1999 and was sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs. 1,000/. The appeal filed by the petitioner was also dismissed by the Additional Sessions Judge, Panipat vide his judgment dated 23.8.2002.

This is a revision against the aforesaid two judgments. The petitioner is a milk vendor. He was found to be in possession of 20 Kgs. of cow''s milk for public sale, which was contained in a drum on his bicycle. The then Government Food Inspector Harbhajan Singh took the sample of milk after giving notice on form VI prescribed under the Prevention of Food Adulteration Act and purchased the sample milk. Before purchasing, it was stirred and mixed properly. On analysis, the sample of milk was found deficient in milk fat by 27.5% and milk solid not fat by 2%. On the basis of the report of Public Analyst, Haryana as well as the evidence led, petitioner was convicted and sentenced as mentioned above.

Counsel for the petitioner contends that sample of the milk was taken on 24.1.1991. More than 11 years have elapsed and the petitioner has faced the agony of trial for all these years. He further submits that the petitioner is a first offender and not a previous convict and prays that a lenient view may be taken in the matter of sentence.

After hearing learned counsel for the petitioner, I find that the milk sample was taken on 24.1.1991 and the petitioner has, thus, faced protected trial for more than eleven and half years. He has attended the Courts in connection with the case on numerous dates. Keeping in view the above facts, I reduce the sentence of the petitioner to one already undergone.

With the above modification in the order of sentence, revision is disposed of.