Crl. Revision No.1535 of 1999 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No.1535 of 1999 Date of Decision: 20 - 1 - 2010 Balkar Singh ....Petitioner v. State of Haryana ....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.S.D.Bansal, Advocate for the petitioner. Mr.Deepak Jindal, DAG, Haryana. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present revision petition has been filed by Balkar Singh son of Teja Singh. He was prosecuted in a complaint filed by Mahabir Singh, Government Food Inspector for contravention of Section 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter called as, `the Act'), punishable under Section 16(1)(a)(i) of the Act. The trial Court convicted the petitioner for commission of offence under Section 7, punishable under Section 16(1)(a)(i) of the Act and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/-, in default of payment of fine to undergo simple imprisonment for three months. In the present case, on 27..3.1996 at 10.00 A.M., Government Crl. Revision No.1535 of 1999 [2] Food Inspector Mahabir Singh along with Dr.V.K.Dogra apprehended the accused at Bhusla Road, Bhagal and he was found in possession of 30 Kilograms of cow's milk which was carried by him in a drum. The milk was for sale. Notice was served upon the accused by the Food Inspector. After mixing the whole contents properly, the Food Inspector purchased 750 Mls. Milk vide receipt Ex.PB. In consonance with the procedure prescribed, samples were drawn. They were sent to Public Analyst by the Local Health Authority. As per report of Public Analyst, milk fat was 3.8% against 4.0% prescribed. The Public Analyst's report state as under:- “The sample contains 3.8% of `Milk fat” against minimum specified limit of 4.0% laid down for `Cow Milk' in the table below item No.A.11.01.11 of the PFA rules, 1955.” Prosecution examined Mahabir Singh, Government Food Inspector PW1, Dharam Pal, Clerk PW2, Dr.V.K.Dogra PW3, Smt.Darshana Rani, Clerk as PW4 and Dharampal Class IV employee as PW5. The trial Court held that testimony of the witnesses inspire confidence and as stated above, convicted and sentenced the petitioner. Aggrieved against his conviction, petitioner had filed an appeal. The Appellate Court on 2.12.1999 dismissed the appeal and upheld the conviction and sentence. Mr.S.D.Bansal appearing for the petitioner has stated that he will not be in a position to assail the conviction but has stated that he is conscious that revisional Court cannot re-appreciate and re-appraise the evidence of the witnesses. He has very candidly stated that there is no patent illegality or irregularity which warrants attention of this Court. Crl. Revision No.1535 of 1999 [3] However, counsel has submitted that sample of the milk was drawn on 27.3.1996. The petitioner has already undergone about 14 years of protracted trial. Mr.Bansal appearing for the petitioner submit that petitioner was taken into custody on 2.12.1999 and was released on bail on 14.12.1999. Thus, he has undergone about 12 days of actual sentence. Taking into consideration the protracted trial and antecedents of the petitioner, this Court is inclined to reduce the sentence awarded upon the petitioner. This Court has dealt with the entire case law and noticed the consistent view taken by this Court in Lajpat Rai v. State of Haryana, 2010(1) RCR (Criminal) 310. Therefore, in view of the ratio of law noticed in Lajpat Rai's case (supra) and submissions made by counsel for the petitioner, this Court is of the view that ends of justice will be fully met in case sentence awarded upon the petitioner is reduced to already undergone. However, the sentence of fine is enhanced to Rs.10,000/-. The fine shall be deposited in the trial Court within three months from today, failing which the petitioner shall undergo the sentence awarded by the trial Court. With the aforesaid modification in order of sentence, present revision petition is disposed of. ( KANWALJIT SINGH AHLUWALIA ) January 20, 2010 JUDGE RC