IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.Revn. NO.1777 of 2004 DATE OF DECISION: 04.03.2010 Suba Singh ...PETITIONER VS. State of Haryana ...RESPONDENT CORAM: HON'BLE MR. JUSTICE MOHINDER PAL PRESENT: Mr.H.S.Gill, Senior Advocate with Mr.Vivek Goyal, Advocate for the petitioner. Ms.Sushma Chopra, Additional Advocate General, Haryana for the respondent-State. MOHINDER PAL, J.(Oral) Petitioner Suba Singh was convicted by the trial Court under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1,000/-, in default whereof to undergo further simple imprisonment for three months. His appeal was dismissed by the lower appellate Court. Hence this revision petition. At the time of arguments, comprehending that the case of the prosecution against the petitioner stood proved beyond all shadows of reasonable doubt, learned counsel for the petitioner did not challenge the conviction. However, he stated that keeping in view the facts that the occurrence relates to 22.12.1994; that the petitioner was sentenced on 21.01.2001 by the trial Court and his appeal was dismissed by the lower appellate Court on 02.09.2004; that he remained incarcerated for three months; and that Sword of Damocles had remained hanging over his head for more than fifteen years, lenient view may be taken in the matter of sentence. Consequently, conviction of the petitioner under Section 16(1)(a)(i) of the Act is maintained. However, keeping in view the facts stated above, I am of the opinion that no useful purpose will be served in sending the petitioner to jail again at this stage. Accordingly, the sentence of imprisonment awarded to the petitioner is reduced to the period already undergone by him and sentence of fine is enhanced to Rs.5000/-. I order accordingly by modifying the sentence order. The petitioner will deposit the amount of fine in the trial Court within a period of two months from the date of receipt of a certified copy of this order. Needless to say, if the petitioner fails to comply with the direction of depositing the amount of fine of Rs.5,000/- in the trial Court within the period stipulated above, the sentence of rigorous imprisonment as awarded by both the Courts below shall remain unaltered. With the above conditional modification in the sentence order, this petition is dismissed. March 04, 2010 ( MOHINDER PAL ) jt JUDGE