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1982 Supreme(Raj) 311

KANTA BHATNAGAR
Alladin – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
For the Petitioner:P.N. Mohnani, Advocate.
For the Respondent: S.S. Bhandwat, P.P.

JUDGMENT

1. - Petitioner Alladin was tried for the offence under Section 7/16(1)(a) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act'), and by the judgment dated March 8, 1978 was convicted by the Chief Judicial Magistrate, Jaisalmer for the aforesaid charge & sentenced to six months' rigorous imprisonment & a fine of Ks. 1000/-; in default to undergo six months' rigorous imprisonment In appeal against the judgment the learned Addl. Sessions Judge No. 1, Jodhpur (Came Jaisalmer) upheld she convection & affirmed the sentence awarded to tie petitioner. Tie petitioner has now invoked the revisional jurisdiction of this Court on sentence only.

2. Learned Counsel for the petitioner submits that the matter relates to February 1976 and the petitioner had remained in custody for a period of 72 days. Learned Counsel submits that in view of the facts and circumstances of the case, lapse of period since the commission of the crime and the fact that the petitioner is not pursuing the profession of sale of milk now and belongs to Jaisalmer which is a draught striken area, a lenient view may be taken and he may not be sent behind the bars again. Learned Counsel also prayed for





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