Criminal Revision No. 1857 of 2004 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Revision No. 1857 of 2004 (O&M).
Date of Decision : 03.11.2009.
Kanwar Pal ...... Petitioner
Versus
State of Haryana ...... Respondent
CORAM : HON’BLE MR. JUSTICE NAWAB SINGH
Present: Mr. J.S.Dahiya, Advocate,
for Mr. Harkesh Manuja, Advocate,
for the petitioner.
Mr. Vivek Lamba, AAG, Haryana
for the respondent-State.
NAWAB SINGH J.
This revision is directed against the judgment dated
August 23rd, 2003 passed by Additional Sessions Judge, Panipat
whereby, judgment of conviction dated October 5th, 2001 passed by
Chief Judicial Magistrate, Panipat convicting the revisionist-accused
under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act,
1954 (hereinafter referred to as the Food Act) was upheld and the
sentence awarded to the petitioner was reduced to One year and six
months with fine of Rs. 5,000/-.
2. Learned counsel urged that he does not challenge the
conviction on merits and prays for reduction of the sentence as
stated at the outset. He submitted that the petitioner has already
undergone actual sentence of 6 months and 10 days out of the total
sentence of one and a half years. It calls for pointed notice that the
occurrence of this case relates to the year 1992 and thus, the
revisionist has suffered the agony of protracted criminal proceedings
spreading over a long period of 17 years, he is not a previous
convict nor he is indulged in any criminal activity before or after
Criminal Revision No. 1857 of 2004 2
registration of this case and is the only bread earner of the family.
3. The aforesaid circumstances are of mitigating nature and
justify the request made. Hence, this Court upholds the conviction of
the petitioner but reduces the sentence to 6 months and 10 days,
the period already undergone by him.
4. The revision is accepted partly. However, sentence of fine
shall remain intact.
(NAWAB SINGH)
JUDGE
03.11.2009.
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