Parkash Singh vs State of Haryana

K.P.S. Sandhu, J.

Parkash Singh petitioner was convicted and sentenced to simple imprisonment for six months and a fine of Rs. 1000/, in default further simple imprisonment for three months under section 16(1)(a)(i) of the Prevention of Food Adulteration Act by the Chief Judicial Magistrate, Kurukshetra, vide his order dated 24th February, 1983. The conviction and sentence of the petitioner were maintained by the lower appellate court vide its order dated 7th September, 1983.

On the last date of hearing notice regarding sentence was given.

Mr. Amrit Lal Jain, learned counsel for the petitioner, has brought to my notice that the petitioner is not a previous convict and that there is no deficiency as far as milk fats are concerned. However, there is a deficiency of 11 per cent in milk solids not fat. He has cited an unreported Division Bench judgment of this Court in Criminal Appeal No. 8DBA of 1983 (The State of Haryana v. Madan Lal) dated 10th January, 1983. Since the deficiency in that case was only marginal, the Division Bench of this Court thought it proper to award the petitioner a lesser sentence than the minimum prescribed under the law. I think that in this case also the ends of justice would be amply met if the sentence of simple imprisonment awarded to the petitioner is reduced from six months to three months and that of fine is reduced from Rs. 1000/ to Rs. 500/, in default further simple imprisonment for two months.

With the aforesaid modification the appeal fails and is dismissed.