Ishwarlal vs State

Shacheendra Dwivedi, J.

This criminal revision is directed against the appellate order confirming the conviction and sentence passed by the learned Sessions Judge, Shivpuri for the offences under Sections 7(1) and 16(1)(a)(i) of the Prevention of Food Adulteration Act and sentence of 6 months R. I. and also to pay a fine of Rs. 1000/- or in default to further under go R. I. for 2 months.

The facts briefly stated relating to the revision are that Ramesh Chand Mishra (P.W. 1). Food Inspector, was on checking duty at villege Barodi on 2-8-81. At that time, the Petitioner Ishwar Lal approached on cycle carrying milk. He was checked and the sample of milk was taken and devided into there bottles, after mixing formaline the bottles were duly sealed and one bottle was sent to Public Analyst, at Bhopal, wherefrom the report was received on 25-8-81 and it was found that the sample did not conform the prescribed standard under the Prevention of Food Adulteration Act and Rules, and as such, the complaint was filed against the Petitioner.

The defence of the Petitioner was that of denial. At the trial, the prosecution examined P. W. 1 Ramesh Chand Mishra, Food Inspector and P W. 2 Shankar Lal Sharma a punch-witness to prove its case. The two Courts below have concurrently held the Petitioner guilty and have also confirmed the. sentence.

In this revision Shri Jai Prakash Shrivastava, learned Counsel appearing for the Petitioner, has not challenged the conviction of the Petitioner, on merits, but relying on the pronouncement of the Apex Court in Umrao Singh Vs. State of Haryana, and Brahm Das v. State of M. P. , wherein the Court has taken the view that for adequate reasons, an accused could be awarded the lesser sentence than the minimum prescribed under the Prevention of Food Adulteration Act and submits that looking to the age of the Petitioner who is of 65 years of age, a lenient view in the matter of sentence should be taken.

This Court also, following the abovecited decisions has taken the lenient view in Lalaram v. State of M. P. Criminal Revision No. 26/81, decided on 6-12-83. , Chaamandi v. State of M. P.4 Criminal Revision No. 14/82, decided on 26-6-85. and Ram v. State of M. P. Criminal Revision No. 12/84, decided on 20-3-89. and in Gopi v. State of M. P. 6 Criminal Revision No. 146/84, decided on 24-6-91., has reduced jail sentence of the accused. Further this Court has also taken the lenient view in Municipal Corporation, Indore v. Bhramerla 1989 (1) MPWN SN 69. and Municipal Corporation, Indore v. Narpat Singh 8 1989 (ii) MPWN SN 105 and has found that the ends of justice could be met if the accused was sentenced to a fine.