IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.409 of 2001 Date of Decision 07.07.2010 Hanuman Parshad ...... Petitioner VERSUS State of Haryana ...... Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.J.V.Yadav, Advocate, for the petitioner. None for the respondent-State. ***** A.N.JINDAL, J(ORAL): Challenge in this revision petition is to the judgment dated 19.02.2001 passed by Additional Sessions Judge, Narnaul, dismissing the appeal preferred by the petitioner-accused (herein referred as 'the petitioner') against the judgment dated 27.11.1998, passed by Sub Divisional Judicial Magistrate, Mahendergarh, convicting and sentencing him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/- under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 read with Section 7 of the said Act. However, in appeal, the sentence was reduced to six months. The allegations against the petitioner are that he was found having in his possession 6 kgs. of adulterated cow's milk, contained in a container (patiala), for public sale. On receipt of the report of public analyst to the effect that the milk so purchased was not to the prescribed standards as laid down under the rules, complaint was filed against him. The petitioner was charged, tried and ultimately convicted and sentenced Criminal Revision No.409 of 2001 -2- accordingly. His appeal also failed. Without assailing the judgment of conviction, learned 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 1986. The petitioner has already suffered a lot of agony due to the protracted proceedings pending in the Courts for the last 24 years. He has already undergone about 3½ months of the substantive sentence. He appears to be a petty milk vendor. The variation in the contents appears to be little. Under these peculiar circumstances, it would be in the fitness of things to extend some leniency on the quantum of sentence. Resultantly, this petition is dismissed with the modification in the sentence which is reduced to already undergone. However, the sentence of fine is enhanced to Rs.10,000/-, which would be paid by the petitioner within three months from today, failing which the orders passed by the Courts below would remain intact. Copy of the order be sent to the Chief Judicial Magistrate, Narnaul, for compliance. (A.N.Jindal) Judge 07.07.2010 mamta-II