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1979 Supreme(SC) 134

`SUPREME COURT OF INDIA
S. MURTAZA FAZAL ALI AND A.D. KOSHAL, JJ.
Umedmal, Appellant
Versus
State of Maharashtra, Respondent.
Criminal Appeals Nos. 360 and 386 of 1975, D/- 15-2-1979.
AND
Lalta Prasad, Appellant
Versus
State of Maharashtra, Respondent.

Headnote:

Criminal Law – Adulteration – Appeals have been pressed by the counsel for the appellant on the question of sentence only – Having regard to the very marginal nature of the adulteration found by the Public Analyst. – Held, Court think there is sufficient room for reduction in the sentence of the appellants – In peculiar facts and circumstances of these cases, therefore, while upholding the conviction, court reduce the sentence of both the appellants to the period already served maintaining the fine imposed by the trial Court – Appeals Dismissed

Judgment

FAZAL ALI J.:- These appeals have been pressed by the counsel for the appellant on the question of sentence only. Having regard to the very marginal nature of the adulteration found by the Public Analyst. We think there is sufficient room for reduction in the sentence of the appellants. In peculiar facts and circumstances of these cases, therefore, while upholding the conviction, we reduce the sentence of both the appellants to the period already served maintaining the fine imposed by the trial Court. With this modification, the appeals are dismissed.

Order accordingly.

For Citation : AIR 1979 SC 1700

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