IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.684 of 1997 Date of Decision 14.01.2010 Shish Pal ...... Appellant(s) VERSUS State of Haryana ...... Respondent(s) CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Ms.Minakshi Poswal, Advocate, for the appellant. Mr.Rajiv Malhotra, Addl. Advocate General, Haryana. ***** A.N.JINDAL, J(ORAL): Challenge in this appeal is to the judgment dated 21.07.1997 passed by Additional Sessions Judge, Hisar, dismissing the appeal of the petitioner-accused (herein referred as 'the petitioner') while reducing the sentence to six months from two years as awarded vide judgment dated 10.04.1996, passed by Sub Divisional Judicial Magistrate, Fatehabad, offence under Section 7 of the Prevention of Food Adulteration Act, 1954. Charge against the petitioner was that he was found having in his possession 20 kgs adulterated cow's milk, contained in a drum, for public sale. The petitioner was charged and tried. Ultimately, he was convicted and his appeal also failed. Without assailing the judgment of conviction, counsel for the petitioner has urged for extending some leniency on the quantum of sentence. On scrutiny of the records, it transpires that the occurrence took place way back in the year 1992. The petitioner has already suffered a lot of agony due to the pendency of proceedings in the Courts. He has already undergone one and half months of the substantive sentence. Admittedly, he Criminal Revision No.684 of 1997 -2- is the first offender. Under these circumstances, it would be in the fitness of things if the sentence, awarded against him, is reduced to that of already undergone. Under these circumstances, this petition is dismissed with the modification in the sentence to that of already undergone. The sentence of fine is enhanced to Rs.20,000/-, failing which this petition shall be treated as dismissed in toto. Copy of the order be sent to the Chief Judicial Magistrate, Hisar, for compliance. (A.N.Jindal) Judge 14.01.2010 mamta-II