( 1 ) AT request of learned Counsel for the petitioner, the revision petition is taken on board today. The date of 21st November, 2000 fixed in the matter is cancelled.

( 2 ) THIS criminal revision is directed against the judgment and order of learned Additional Sessions Judge in Cri. A. No. 170/88 dated 26. 9. 2000 whereby the learned Judge has upheld the order of conviction of the petitioner under Section 7 / 16, Prevention of Food Adulteration Act and also has upheld the sentence of six months RI with fine of Rs. 2,000. 00 and in default of payment of fine to undergo further SI for two months. Learned Counsel for the petitioner does not challenge the conviction but is confining his arguments to the question of sentence. He submits that out of six months, the petitioner has already undergone one month of imprisonment and that the Supreme Court in similar cases held as under :

(1) In Re: N. Sukumaran Nair v. Food Inspector Navelikara, 1995 Cri. LJ. 3651, held as under: "3. The offence took place in the year 1984. The appellant has been awarded Six months simple imprisonment and has also been ordered to pay a fine of Rs. l,000. 00. Under Clause (d) of Section 433 of the C