Narender Singh vs State of Haryana

A.N.Jindal, J.

1 The petitioner has assailed the judgment dated 12.10.2004, passed by Addl. Sessions Judge, Fatehabad, dismissing his appeal against the judgment dated 19.02.2003., passed by Chief Judicial Magistrate, Fatehabad, convicting and sentencing him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1,000/ under Section 16(i)(a)(I) read with Section 7(i) of the Prevention of Food Adulteration Act, 1954.

2 Charge against the petitioner was that he was found having in his possession 15 kgs adulterated cow''s milk, contained in a drum, for public sale. The petitioner was charged, tried and ultimately convicted. His appeal also failed.

3 Without assailing the judgment of conviction, counsel for the petitioner has urged for extending some leniency on the quantum of sentence. Even otherwise, the impugned judgment, being shorn of any defect, illegality much less irregularity does not call for any interference. Evidence appears to have been appreciated in the right perspective. As such the findings regarding conviction returned by the Courts below stand confirmed.

4 Now coming to the quantum of sentence, it reveals that the occurrence took place way back in the year 1997. The petitioner has already suffered a lot of agony due to the pendency of proceedings in the Courts. He has already undergone about two months of the substantive sentence. Admittedly, he is the first offender. Under these circumstances, it would be in the fitness of things to extend some leniency on the quantum of sentence.

5 Under these peculiar circumstances of the case, this petition is dismissed with the modification in the sentence to that of already undergone. The sentence of fine is enhanced to Rs.25,000/, to be deposited within three months from today, failing which this petition shall be treated as dismissed in toto. Copy of the order be sent to the Chief Judicial Magistrate, Fatehabad, for compliance. Petition dismissed with modification in sentence.