Cr.R.No.248 of 2011 13.12.2011. Shri R.T.Thanewala, counsel for the petitioner. Shri L.L.Sharma, Govt. Advocate for the respondent-State. According to the petitioner, he has been sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.1000/- for his conviction under Section 16 (1) (A)(1) of the Food Adulteration Act by the Judicial Magistrate First Class, Indore and affirmed by the first appellate Court, i.e. Additional Sessions Judge, Indore. Both the judgments are not sustainable for the reason that it was not the petitioner who had given the sample in question. As a matter of fact the petitioner was a teacher and was present in the school at the time of incident. He has also produced the document on record to show that the documents pertaining to the taking of sample were not signed by him. In any case, his defence has been accepted. The appeal has also been dismissed. Learned counsel for the petitioner submits that this was a case which was registered about 20 years ago in fact on mistaken identity and the petitioner is not a previous convict and infact a teacher by profession and therefore, prays that taking all these facts into consideration and considering the provisions permitting grant of probation and he being first offender in the peculiar facts and circumstances of the case, the sentence awarded to the petitioner may be reduced to the period already undergone, of course with some additional fine which can always be imposed against the petitioner in lieu of the sentence awarded to him. Learned Public Prosecutor submits that in such cases, justice can be done to the parties by enhancing the fine by granting the benefit as prayed for by the petitioner. Considering the facts and circumstances of the case, the jail sentence awarded to the petitioner is reduced to the period already undergone subject to payment of Rs.10,000/- as fine. The petitioner shall deposit the fine within two weeks from today before the trial Judge. On deposit of the said amount, the order of sentence shall stand modified and the petitioner shall not be required to undergo sentence of imprisonment. It is however made clear that bail bonds will remain in force till then. If the fine is not deposited, the petitioner will have to surrender before the trial Court to undergo the remaining part of the sentence. C.C.as per rules. ( M. C. GARG ) JUDGE RJ/