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Judgment
B.K. Rathi, J.—This revision petition is directed against the judgment and order, dated 23.2.1983 passed by IVth Additional Sessions Judge, Bijnor in Criminal AppealNo.281 of 1982.
The facts giving rise to this revision are as follows:
The revisionist was convicted for the offence under Section 7/16 of P.P. Act and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1.000/ and in default of payment of fine to a further rigorous imprisonment for three months by the order dated 6.10.1982 passed by the Judicial Magistrate, Nagina (Bijnor). Aggrieved by that order the revisionist preferred a Criminal Appeal No. 281/82, which was dismissed by order, dated 23.2.1983 and the conviction as well as the sentence was maintained. Aggrieved by that order the present revision has been preferred.
I have heard Sri R.K. Shukla, learned counsel for the revisionist and the learned A.G.A.
It is contended that the a lenient view be taken in the matter. Thai the sample of milk was taken on 18.7.1981 Le. about ninteen years before. The sample of the milk was found adulterated but it was not found injurious to life. The appucant already deposited Rs. 1.000/ in the Court as fine: That the report of the Superintendent of Police (Jail), Bijnor show that the applicant remained in jail from 23.2.1983 to 21.7.1983 i.e. about five months. It is further prayed that after such a long lime he may not be sent to jail. The conviction has not been challenged on merits.
Considering this argument, the revision is disposed of finally with the direction that the conviction of the revisionist, as recorded by the Magistrate concerned is maintained however the revisionist is sentenced to undergo imprisonment for the period in which he was in jail in this case and to pay Rs. 1,000/which has already been paid by him.
Revision disposed of.