IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.244 of 2010 KRISHNA KUMAR SINGH Versus STATE OF BIHAR THRU.SAJAY KR. ----------- 4 20.4.2010 This revision application is directed against the judgment dated 30.10.2009 passed by Sri Baij Nath, Additional Sessions Judge-IV, Aurangabad in Criminal Appeal No. 51 of 2006/88 of 2009, affirming the judgment of conviction and order of sentence dated 24.5.2006 passed by Sub-Divisional Judicial Magistrate, Aurangabad in Trial No. 89 of 2006 arising out of G.O.Case No. 147 of 1998 whereby the petitioner was convicted under section 16(1)(a) of the Prevention of Food Adulteration Prohibition Act, 1954 and sentenced to undergo R.I. for one year and to pay a fine of Rs. 2000/- and in default of payment of fine, further to undergo R.I. for one month. Heard learned counsel for the parties. Sentence is only pressed by learned counsel referring the sample of Laddu containing coaltar acid (metallic yellow) a prohibited colour to be utilized. If it was dangerous to life is not mentioned by the Public Analyst and petitioner remained in 2 custody since 29.1.2010. So the period undergone by him if is observed sufficient on the point of sentence that will meet justice end. But here in the case minimum punishment is also prescribed which never can be less then six months, if that is compared with the allegation, some relief can be given on the point of sentence but not less than the minimum. I agree with the submission of learned counsel. This revision application is partly allowed on the point of sentence only which is minimized to six months from one year. The conviction of the petitioner is maintained with modification in sentence as mentioned above. Petitioner shall be released after completing six months in custody subject to deposit of fine. Let the lower court record be sent back to the court below. AI ( Mandhata Singh, J.)