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Judgment
6 paragraphs · 409 wordsP.K. Jain, J.—Heard Sri V.C. Katiyar, learned Counsel for the revisionist and learned A.G.A. for the State.
Revisionist, Munshi Khan, was convicted by the trial court u/s 7/16 of the Prevention of Food Adulteration Act and was sentenced to undergo rigorous imprisonment for six months and pay a fine of Rs. 1,000 and in default of payment of fine, to further undergo rigorous imprisonment for three months. Criminal Appeal No. 88 of 1982 filed by him was dismissed by the IIIrd Addl. Sessions Judge, Farrukhabad, vide judgment and order dated 17.9.83.
This revision is pressed on the quantum of sentence only. It is contended that the incident occurred on 21.10.78. The revisionist was in jail between 17.9.83 the date on which the appeal was dismissed till 12.12.83 when this Court directed him to be released on bail. He must have been released on bail two or three days after the order of this Court dated 12.12.83. Revisionist''s counsel also states that he is around 70 years old and is quite weak and no useful purpose will be served by sending him to Jail after 19 years. Learned A.G.A. contends that minimum sentence is provided u/s 16(1) of the Prevention of Food Adulteration Act which, for special reasons to be recorded, could be reduced to three months and fine of Rs. 500.
The occurrence had taken place about 18 years back. The revisionist was in jail for about 87 or 88 days after dismissal of the appeal by the appellate court. He has thus suffered imprisonment for almost three months. The age of the revisionist is not disputed and it is also not disputed that he is now weak enough. Considering all these facts and circumstances the order of sentence awarded by the courts below deserves to be modified.
The revision is partly allowed. Conviction of the revisionist u/s 7/16 of the Prevention of Food Adulteration Act recorded by the courts below is upheld. The order of sentence is modified and the revisionist is sentenced to imprisonment for three months and pay a fine of Rs. 1,000. In default of payment of fine, he shall further undergo R. I. for one month. The amount of fine may be paid within six weeks from today. The stay order dated 12.12.83 is vacated.
A copy of this order shall be supplied to the learned Counsel for the revisionist within twenty four hours on payment of usual charges.