Crl. Revision No. 410 of 2005 -1- In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 410 of 2005 Date of Decision:May 07, 2009 Harjit Singh ---Petitioner versus State of Punjab ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. D.S.Sidhu,Advocate, for the petitioner Mr. Aman Deep Singh Rai, AAG,Punjab *** SABINA, J. Harjit Singh-petitioner was convicted for an offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short – 'the Act') vide judgment dated 3.3.2004 passed by Chief Judicial Magistrate, Kapurthala. Vide order of even date passed by learned Chief Judicial Magistrate, Kapurthala, petitioner was sentenced to undergo rigorous imprisonment for six months and a fine of Rs.1000/-. Aggrieved by the same, petitioner preferred an appeal and the same was dismissed by learned Sessions Judge, Kapurthala vide judgment dated 14.1.2005. Hence, the present revision petition. Crl. Revision No. 410 of 2005 -2- Prosecution story, in brief, as noticed by the appellate court in para 2 of its judgment, is as under:- “The facts in brief are that on 26.6.1995 in Amrit Bazar, Kapurthala Dr. Jagdish Singh, Food Inspector inspected the premises of Harjit Singh, who was having in his possession about 100 kgs of Tohfa salt for sale for human consumption contained in polythene packets. The Food Inspector demanded a sample of Tohfa Salt by giving notice in writing in Form VI prescribed under the Prevention of Food Adulteration Rules, 10=955. Three packets of Tohfa Salt of 400 grams each were purchased for analysis form Harjit Singh for Rs. 1.30 P and receipt of the payment was obtained. The packet were labelled, stoppered and wrapped in a strong thick paper. A paper slip having code No. 63906/SB/42/95 duly signed by the Local Health Authority, Kapurthala, was pasted with gum, around the samples and the same was secured with strong twine paper with five seals. The signatures of the accused were taken partly on the slip and partly on the label. One sealed sample pack was sent to the Public Analyst, Punjab, Chandigarh, along with form VII bearing seal impression SSP through Jit Ram. Peon (Class-IV) of the Local Health Authority, Kapurthala. A memorandum in form VII bearing seal impression SSP was also sent in sealed cover separately. Two sealed samples along with one copy of memorandum were deposited with the Local Health Authority, Kapurthala. At the time of taking samples, Ashwani Kumar s/o Jagdish Lal, Mohalla Qaimpura, Crl. Revision No. 410 of 2005 -3- Kapurthala, public witness, was also present. On receipt of the report of the Public Analyst, Punjab, Chandigarh, according to which the continents of the samples were adulterated and also mis-branded. A criminal complaint for the offence punishable under Section 16(1)(a)(i) read with Section 7 (2) of the Prevention of Food Adulteration Act, 1954, was filed.” Learned counsel for the petitioner, during the course of arguments, has not challenged the conviction part of the judgment but has prayed that the sentence qua imprisonment be reduced to already undergone by the petitioner. In support of his arguments learned counsel for the petitioner has placed reliance on Risala vs. State of Haryana (P&H) 2008 (2) RCR (Criminal) 239. wherein it was held that since the petitioner had suffered protracted trial of 24 years, it would be appropriate to reduce the sentence as already undergone. However, the sentence of fine was enhance to Rs. 10,000/- There is nothing on record to suggest that the petitioner was a previous convict. The sample of salt was drawn on 26.6.1995. Since then the petitioner is facing the criminal proceedings. Accordingly, the conviction of the petitioner is maintained. However, the sentence of imprisonment is reduced to as already undergone by him and sentence of fine is enhanced to Rs. 10,000/- to be deposited by the petitioner within a period of one month. Non deposit of fine shall render this revision petition as dismissed. With this modification, the present revision petition is disposed of. (SABINA) JUDGE May 07, 2009 PARAMJIT Crl. Revision No. 410 of 2005 -4-