Sita Ram vs State of U.P.

Krishna Kumar, J.—This revision has been filed against the judgment and order dated 28.8.1986 passed by the Sessions Judge, Lalitpur whereby dismissing the appeal and confirming the judgment and order of the learned Magistrate whereby the learned Magistrate held the accused-Appellant guilty for the offence u/s 7(1)(b)/16(1)(a) of the Prevention of Food Adulteration Act and the accused was sentenced for one years'' rigorous imprisonment and fine of Rs. 2000.

Learned Counsel for the revisionist contended that the case is pending against the revisionist since 1984 and for the last 16 years the revisionist was suffering because of this litigation. It is contended that the revisionist was manufacturing ice-cream candy and in the ice-cream it was found that there was prohibited colour and saccharin. He further contended that revisionist was in jail for last about one and a half months and it is prayed that the sentence may be modified and instead of rigorous imprisonment, the fine may be enhanced.

Considering the facts of the case and the delay in disposal of the revision, the contention of the learned Counsel appears to be justified.

In view of what has been indicated herein above, the revision is dismissed on merits.

However, the sentence is modified to the extent that instead of rigorous imprisonment, the revisionist shall pay the fine of Rs. 5,000 within one month from today. The fine already paid, shall be adjusted. In case the fine is not deposited within the time stipulated, the revisionist shall undergo the sentence already passed against him.

It is, however, made clear that it shall not be treated as enhancement of sentence.