THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.870 OF 2004 DATED 12th JULY, 2010. BETWEEN Kankatala Nageswara Rao ..Petitioner/Accused and The State of A.P. ..Respondent/Complainant. THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.870 OF 2004 ORDER: This Criminal Revision Case under sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner- accused against the judgment, dated 05.05.2004, rendered in Criminal Appeal No.161 of 2000 by the IV Additional District & Sessions Judge, (FTC) Tanuku, confirming the judgment of conviction and sentence passed in C.C.No.5 of 1995 by the II Additional Judicial First Class Magistrate, Tanuku, in which the petitioner was convicted under section 255 (2) of the Code of Criminal Procedure and sentenced to undergo simple imprisonment for three months and also to pay a fine of Rs.500/- for the offence punishable under section 16 (1) (a) (ii) of Prevention of Food Adulteration Act, in default to suffer simple imprisonment for another one month. Heard. After arguing for sometime, the learned counsel for the petitioner submitted that he is not pressing the main prayer, confined his arguments only in connection with question of sentence and requested the Court to show some indulgence on the petitioner. In view of the said submission, it is not necessary to go into the roots and merits of the case at this stage. Under the provisions of Prevention of Food Adulteration Act, there is specific provision to convict the accused for a minimum period. But taking into consideration the offence took place in the year 1995, the petitioner is now aged about 65 years and after a lapse of 15 years this Court is not inclined to send the petitioner to prison. In these circumstances, the conviction and sentence of imprisonment imposed by the trial Court as confirmed by the lower Appellate Court is hereby confirmed. However, to meet the ends of justice, the petitioner is directed to pay a fine of Rs.10,000/- apart from the fine amount already paid by him. The said fine amount shall be paid within a period of four weeks from the date a copy of this order is made ready. With above observation, the Criminal Revision Case is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 12.07.2010 sur