Criminal Revision No.2465-MA of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.2465 of 2009 Date of decision : 13.11.2009 Baldev Singh ....Appellant Versus State of Haryana ....Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Ravinder Malik (Ravi), Advocate for the Appellant. Ms. Neena Madan, Additional Advocate General, Haryana S. D. ANAND, J. This petition has been taken up today for final disposal, as per the consensual request of the learned counsel for the parties. The petitioner was convicted by the learned Trial Magistrate for 16(1) (a) (i) of the Prevention of Food Adulteration Act, 1954 and was sentenced to undergo RI for a period of six months and to pay a fine of Rs.1000/-. In default of payment fine, he was directed to further undergo SI for a period of fifteen days. In appeal filed by the petitioner, the Appellate Court affirmed that finding. In revision, learned counsel for the petitioner states that he is not in a position to contest the finding on merits but would request for dilution of point of sentence in view of the fact that the petitioner-accused is facing ordeal of trial since the year 1997. It is also argued that he is a first offender and he did not, at all, absent from the proceedings before the Trial Court and also the Appellate Court. I have perused the file. There is adequate evidence to nail Criminal Revision No.2465-MA of 2009 -2- **** the petitioner on the basis of statements on oath of PW-1J.S.Chauhan and PW-2 T.R.Girdhar. The present is, thus, a case in which the prosecution presentation in the statements of PW-1J.S.Chauhan and PW-2 T.R.Girdhar had been correctly upheld by the learned Trial Magistrate and further affirmed by the learned Appellate court. The appeal shall stand dismissed on merits thereof. However, in view of the fact that the petitioner accused faced ordeal of litigation since 1997 and is a first offender, the sentence awarded to him is reduced to already undergone. November 13, 2009 (S. D. ANAND) Pka JUDGE