THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.906 of 2004 O R D E R: This Criminal Revision Case is filed aggrieved by the judgment dated 31.05.2004 passed in Criminal Appeal No.186 of 2003 by the learned IV Additional District and Sessions Judge (Fast Track Court), Tanuku, confirming the conviction and sentence recorded against the petitioner/accused for the offence punishable under Section 16(1)(a)(i), 7(i) and 2(ia)(m) of Prevention of Food Adulteration Act in the order dated 08.09.2003 in S.T.C.No.4 of 2001 by the learned II Additional Judicial First Class Magistrate, Tanuku, whereunder the petitioner herein-accused was convicted and sentenced to undergo simple imprisonment for two years and to pay a fine of Rs.2,000 /-, in default of payment of fine to suffer simple imprisonment for another three months. The brief facts of the case are as follows: On 26.12.2000 at 4.30 PM., PW.1 inspecsted the business premises of the accused and found sealed packets kept in an iron rack. On his enquiry, the accused admitted that these packets were sealed packets of Vanaspathi of 500 ml. And kept for sale to the public for human consumption. PW.1 suspected and purchased 3 packets of 500, each by paying Rs.72/- only to the accused and issued notice under form No.VI to the accused by intimating his intention to sent the purchased Vanaspathi for analysis. That on 27.12.2000 one part of the sample jar along with memorandum with form VII sent to the public analyst, Hyderabad. The Public Analyst Andhra Pradesh, Hyderabad delivered the analytical report vide No.898 of 2000 dated 05.02.2001 and opined that the sample does not confirm to the standards of red units in respect of Baudouins test for same oil and is therefore adultered. On perusal of all the record, the Director and Food (Health) Authority, A.P., Hyderabad accorded written consent under Section 20(1) of P.F.A.Act vide R.C.No.5796/F2/99-2201 dated 17.9.2001 to launch prosecution against the accused for selling the adulterated Vanaspathi (Wipro) Sunflower Branch. The trial Court on a full-fledged trial and appreciation of the evidence on record found the accused guilty of the offence punishable under Section 16(1)(a)(i), 7(i) and 2(ia)(m) of Prevention of Food Adulteration Act and accordingly convicted and sentenced him to undergo simple imprisonment for two years and to pay a fine of Rs.2,000 /-, in default of payment of fine to suffer simple imprisonment for another three months. On appeal being Criminal Appeal No.186 of 2003 preferred by the petitioner/accused, the lower appellate Court, on appreciation of the evidence on record, dismissed the appeal confirming the conviction and sentence recorded by the trial Court. Hence this revision. The learned counsel for the petitioner/accused contended that the present petitioner is a petty shop owner doing business in a small village and that he is not aware of the legal procedures and has not produced the bill for purchase of the stocks from the manufacturer. He further contended that the complainant has noticed the name of the manufacturer at the time of seizure of the property and issued notice, which was acknowledged by the manufacturer, but the complainant has not proceeded against the manufacturer. This Court perused the entire record. Taking into consideration all the facts and circumstances, and the submissions of the learned counsel for the petitioner and placing reliance on the judgment reported in Nand Lal v State of Uttarakhand and another[1] as 10 years have elapsed from the date of registration of the case, this Court is of the view that the conviction imposed by the Courts below shall be confirmed, however, the sentence of imprisonment imposed by it is set aside. The petitioner/accused is directed to pay a sum of Rs.10,000/- apart from the fine amount imposed by the Courts below, within a period of four weeks from the date of a copy of this order is made ready. With the above modification, the Criminal Revision Case is disposed of. _________________ RAJA ELANGO, J 28th June, 2010. PNV [1] AIR 2010 SC 1875