JUDGMENT :

1. By way of filing the instant Criminal Revision Petition under Section 397/401 of Cr.P.C., challenge has been made to the judgment dated 28.05.2003 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Udaipur in Criminal appeal No.5/2001, whereby the learned appellate court affirmed the judgment dated 16.03.2001 passed by the learned Additional Chief Judicial Magistrate, Mavli, District Udaipur in Regular Criminal Case No.360/1996 convicting the petitioner for the offence under Sections 7(V) Rule 50(i) & 7(1) R/w 16 of the Prevention of Food Adulteration Act and sentencing him to undergo six months’ rigorous imprisonment alongwith a fine of Rs.1000/-and in default of payment of fine, further to undergo 1 month’s SI.

2. Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that on 25.03.1996 the Food Inspector inspected the shop of the petitioner situated in Village Laxmanpura, Panchayat Majavada, District Udaipur, where the petitioner was selling food articles. The petitioner was informed about the inspection of the shop, however, he did not show any licence. Upon a suspicion that the mustard oil kept in the shop is adulterated, sample of the same was taken following due procedure. The same was found adulterated in testing, Upon which, a complaint was presented against the petitioner after obtaining prosecution sanction.

3. The Learned Magistrate framed charge against the petitioner for the offences under Section 7(V), Rule 50(i) and Section 7(1) R/w 16 of the Prevention of Food Adulteration Act and upon denial of guilt by him, commenced the trial. During the course of trial, the prosecution in order to prove the offence, examined the witnesses and exhibited various documents. The accused, upon being confronted with the prosecution allegations, in his statement under Section 313 CrPC, denied the allegations and claimed to be innocent. Then, after hearing the learned Public Prosecutor and the learned Defence Counsel and upon meticulous appreciation of the evidence, learned trial court convicted and sentenced the petitioner for the offences under Section 7(V) Rule 50(i) and Section 7(1) R/w 16 of the Prevention of Food Adulteration Act vide judgment dated 16.03.2001. Aggrieved by the judgment of conviction, he preferred an appeal, which was dismissed by the learned appellate court vide judgment dated 28.05.2003. Hence, this revision petition is filed before this court.

4. After arguing the case on merits to some extent, learned counsel appearing for the petitioner submits that he will not assail conviction of the petitioner and confines his arguments to the alternative prayer of reduction of the sentence awarded by the trial court. He submits that the incident in the present case pertains to the year 1996. The petitioner was 30 years of age at that time. He was not having any criminal antecedents and it was the first criminal case registered against him. No adverse remark has been passed over his conduct except the impugned judgment. The petitioner has already suffered agony of protracted trial of 27 years. The petitioner has remained in custody for a period of 28 days out of total sentence of six months RI. With these submissions, learned counsel prays that by taking a lenient view, the sentence awarded to the petitioner may be reduced to the period already undergone.

5. Learned public prosecutor has, of course, been able to defend the case on merits. However, he does not refute the fact that the petitioner is an old aged person. It was the first criminal case registered against the him and he had no criminal antecedents as well as the fact that he has remained behind the bars for some time after passing of the judgment in appeal.

6. Since the revision petition against conviction is not pressed and after perusing the material, nothing is noticed which requires interference in the finding of guilt reached by learned trial court and affirmed