In this revision petition, the High Court maintained the conviction under the Prevention of Food Adulteration Act but reduced the sentence of rigorous imprisonment to the period already undergone. The fine was enhanced to Rs.5,000/-, payable within two months.
Sentence reduced to period undergone; fine enhanced to Rs.5,000/- payable within two months.
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Crl.Revn. NO.689 of 2003 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.Revn. NO.689 of 2003 DATE OF DECISION: 03.03.2010
Deepak Kumar
...PETITIONER
VS.
State of Haryana
...RESPONDENT
CORAM: HON'BLE MR. JUSTICE MOHINDER PAL
PRESENT: Mr.Parvez Chugh Advocate for the petitioner.
Ms.Sushma Chopra, Additional Advocate General, Haryana for the respondent-State.
MOHINDER PAL, J.(Oral)
Petitioner Deepak Kumar was convicted by the trial Court under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1,000/-, in default whereof to undergo further rigorous imprisonment for three months. His appeal was dismissed by the lower appellate Court except for reducing the sentence of rigorous imprisonment from one year to six months rigorous imprisonment. Hence this revision petition.
At the time of arguments, comprehending that the case of the prosecution against the petitioner stood proved beyond all shadows of reasonable doubt, learned counsel for the petitioner did not challenge the
Crl.Revn. NO.689 of 2003
2
conviction. However, he stated that keeping in view the facts that the occurrence relates to 07.05.1990; that the petitioner was sentenced on 20.11.2000 by the trial Court and his appeal was dismissed by the lower appellate Court on 27.03.2003; that he remained incarcerated for one month and eighteen days; and that Sword of Damocles had remained hanging over his head for more than nineteen years, lenient view may be taken in the matter of sentence.
Consequently, conviction of the petitioner under Section 16(1)(a)(i) read with Section 7 of the Act is maintained. However, keeping in view the facts stated above, I am of the opinion that no useful purpose will be served in sending the petitioner to jail again at this stage. Accordingly, the sentence of imprisonment awarded to the petitioner is reduced to the period already undergone by him and sentence of fine is enhanced to Rs.5,000/-. I order accordingly by modifying the sentence order. The petitioner will deposit the amount of fine in the trial Court within a period of two months from the date of receipt of a certified copy of this order. Needless to say, if the petitioner fails to comply with the direction of depositing the amount of fine of Rs.5,000/- in the trial Court within the period stipulated above, the sentence of rigorous imprisonment as awarded by both the Courts below shall remain unaltered.
With the above conditional modification in the sentence order, this petition is dismissed.
March 03, 2010 jt
( MOHINDER PAL ) JUDGE
2 issues framed by the court
Whether the sentence awarded to the petitioner can be reduced considering the delay and the period of incarceration already undergone.
Appropriate modification of the sentence of rigorous imprisonment and fine in the eyes of law given the passage of time.
1 provisions across 1 enactments
Deepak Kumar
State of Haryana
MOHINDER PAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
