Harmail Khan vs State of Punjab

M.L. Koul, J. (Oral)

The petitioner Harmail Khan, who has been convicted and sentenced by the Chief Judicial Magistrate, Sangrur for an offence under Section 16(1)(a) read with Section 7 of the Prevention of Food Adulteration Act vide his order dated 8.1.1993, to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1000/, in default of payment of fine to undergo further rigorous imprisonment for three months, whose conviction and sentence has been confirmed by the learned Sessions Judge, has come up in revision before this Court.

Heard Mr. Denesh Goyal, Advocate for the petitioner and Mr. A.S. Grewal, Assistant Advocate General Punjab, for the respondentState.

Mr. Goyal while arguing the case has admitted the factual position of the case and has confined his arguments with regard to the quantum of sentence only, submits that as the petitioner has to look after his family and it is his first offence, therefore, a lenient view be taken against him. He also took me through the judgments of the trial court and that of the appellate court also. There is a negligible adulteration made by the petitioner in the Milk for which he has been convicted and sentenced. Therefore, having regard to the circumstances of the case, I deem it proper that the sentence of six months is reduced to three months and no change with regard to the imposition of fine recorded against him by the trial Court and affirmed by the appellate court.

This petition stands disposed of accordingly.