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Judgment
V.D. Tulzapurkar, J.—After hearing counsel for the parties, we are satisfied that this is a case falling under the proviso of Section 16(1)(a)(i) and therefore for adequate and special reasons. the sentence lower than the minimum prescribed could he awarded. The High Court itself felt bound to award the minimum sentence but on merits was satisfied that if the legal position warranted the appellant could be given lesser sentence. We are in agreement with the view of the High Court. The appellant/petitioner is aged about '70 and suffering from asthama illness and has a clean past record. Besides, the percentage of deficiency that was noticed in the milk sold by him was 0.4% in the fat contents.
Having regard to these facts, the expression of and the view of the High Court was justified. We accordingly reduce the sentence of the appellant to the period already undergone. The sentence of fine is maintained and we are informed that he has already paid the fine Since he is already on bail, he should be released forthwith.
The appeal is disposed of accordingly.