IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.100 of 2011 1. Rajesh Kanodia, Son of Raj Kumar Kanodia 2. Raj Kumar Kanodia, Son of Late Baijnath Kanodia Both resident of Jhawganj, Pua Gali, Patna City, District- Patna. Versus The State Of Bihar ----------- 4 17.08.2011 The accused petitioners have preferred this revision application against the conviction order dated 19th May, 2010 passed by the learned Additional District and Sessions Judge, Patna City in Cr. Appeal No. 90 of 1999/ 11 0f 2010 by which the judgment and order dated 22nd March, 1999 passed by the Sub-Divisional Judicial Magistrate, Patna city in C.B. Case No. 176 of 1993, Trial No. 326 of 1999 by which the petitioners have been convicted and sentenced to simple imprisonment for three months and a fine of Rs. 500/- (five hundred) under Section 16(i) a, (i) (ii) of the Prevention of Food Adulteration Act, 1954 has been confirmed and the appeal has been dismissed. Heard Mr. Nawal Kishore Agrawal, learned Sr. counsel for the petitioners and Mr. Dinesh Singh, learned counsel for the State. Learned counsel for the petitioners submits that the petition can be disposed of at the time of admission itself. The facts necessary for the disposal of this case is that on 18.08.1992 at about 11.30 a.m., the informant Food Inspector, alongwith one another Food Inspector reached the shop of the petitioner no.2 Raj Kumar Kanodia and in course of 2 conducting raid for the purpose of collecting samples of food materials. He purchased Arhar Dal for the purpose of analyst examination and samples were sent to the Public Analyst for examination. Arhar Dal was found adulterated and the case under Section 16 (i) a (i) (ii) of the Prevention of Food Adulteration Act read with Section 272, 273 of the Indian Penal Code against both the accused petitioners was instituted. After the trial, both the petitioners have been found guilty in C.B. Case No. 176 of 1993, Trial No. 326 of 1999 and have been sentenced simple imprisonment for three months and fine of Rs. 500/- each and in default of payment of fine to undergone further simple imprisonment 15 days further. Thereafter, the petitioners filed Cr. Appeal No. 90 of 1999. After hearing the parties, the appeal has been dismissed vide order dated 19th May, 2010 confirming the conviction and sentenced of the petitioners. It is submitted by the learned counsel for the petitioners that the petitioners have been suffering from mental agony for more than 18 years. They have also remained in custody for some time in course of prior to the trial and after the conviction and in this view of the matter it is a fit case in which the sentence should be modified. The learned counsel for the State did not controvert the contention of the learned counsel for the petitioners. After hearing the learned counsels on behalf of both the parties and on perusal of the material on record, it appears 3 that the case has been instituted on 18.08.1992 and the petitioners have been suffering from mental agony for more than 18 years and they have also remained in custody for some time. In my opinion, it is a fit case in which the sentence should be modified. The sentence of the petitioners is reduced to the period already gone in custody. The petitioners are directed to be released forthwith. In the result, this petition is disposed of with modification in the sentence. Let this order be sent to the learned Sub-Divisional Judicial Magistrate, Patna City in C.B. Case No.176 of 1993, Trial No. 326 of 1999 through FAX at the cost of the petitioners. Md. Ibrarul ( Amaresh Kumar Lal, J.)