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2012 Supreme(Del) 3215

MANMOHAN
Shayam Lal – Appellant
Versus
State – Respondent


Advocates:
For the Petitioner: Mr. O.P. Saxena, Advo#31;cate.
For the State : Ms. Jasbir Kaur, APP with SI Kamlesh, PS Moti Nagar.

JUDGMENT :

Manmohan, J.


1. Present criminal revision petition has been filed challenging the order dated 02nd June, 2010 passed by the Additional Sessions Judge (‘ASJ’) confirming the order of conviction and sentence passed by the Metropolitan Magistrate (‘MM’) convicting the petitioner under Section 16(1)(c) of the Prevention of Food Adulteration Act read with Sections 353/186 IPC.

2. It is pertinent to mention that the MM had sentenced the petitioner to six months rigorous imprisonment.

3. The relevant facts of the present case are that in the complaint filed by the Food Inspectors, it was stated that when they visited the petitioner’s shop for the purpose of collecting food samples, they were pushed out of the shop and the shutter was closed by the petitioner.

4. Mr. O.P. Saxena, learned counsel for the petitioner states that he has instructions not to challenge the conviction order but only to challenge the order on sentence.

5. Mr. Saxena further states that as the petitioner is today aged about 70 years and the offence is alleged to have been committed on 08th August, 1989, that means, more than twenty three years ago, this Court should reduce the sentence to the period already und


















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