Criminal Revision No.305 of 1993 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.305 of 1993 Date of decision: February 05, 2008 Tarsem Lal … Petitioner Versus State of Punjab … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr.Ashish Rawal, Advocate for Mr.Anupam Gupta for the petitioner. Mr. Amit Chaudhary, Assistant Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (Oral) On 17th January, 1989, PW-1 Krishan Chand, Food Inspector along with officials of Local Health Authority took a sample of haldi powder. The sample was found not as per the limits prescribed under the Prevention of Food Adulteration Act by the Public Analyst. Mr.Ashish Rawal stated that since both the courts below have returned finding of fact, he is unable to assail conviction of the petitioner. Argument that the sample ought to have been got re-analyzed from the Director, Central Food Laboratory cannot be construed in favour of the petitioner as he had not deposited the requisite fee for sending the same to Central Laboratory. Since within the given time, petitioner failed to deposit fee for sending second sample, therefore, petitioner cannot claim prejudice. Mr.Ashish Criminal Revision No.305 of 1993 2 Rawal has been very candid to say that he will accept findings of the courts below. Since in the present case, occurrence pertains to 27th January, 1989 and a period of 19 years has elapsed, no useful purpose would be served by sending the petitioner behind the bars. He is ordered to be released on probation to maintain good conduct and behaviour for a period of one year. Mr.Ashish Rawal has stated that in the last 19 years, petitioner has committed no offence. Accordingly, petitioner is ordered to be released on probation for a period of one year. However, sentence of fine is enhanced to Rs.10,000/- and same shall be converted as cost. In case the same is not deposited on or before 30th April, 2008, the present revision petition shall stand dismissed. [Kanwaljit Singh Ahluwalia] Judge February 05, 2008. rps