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2002 Supreme(P&H) 1407

PUNJAB & HARYANA HIGH COURT
Jasbir Singh, J.
Sher Singh
Versus
State Of U.T. Chandigarh
Criminal Revision No. 848 of 1990,
Decided On : DECEMBER 18, 2002

The judgment established the principle of balancing punishment with reformation and the need for leniency in sentencing based on an individual's reformation and personal circumstances.

Headnote:

Food Adulteration - Leniency in Sentencing - Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), Section 7(1)

Fact of the Case:

The petitioner was convicted for an offence under the Prevention of Food Adulteration Act, 1954 for carrying un-indicated milk for sale. After a prolonged legal process, the petitioner sought leniency in sentencing based on his reformation and personal circumstances.

Finding of the Court:

The court acknowledged the purpose of the criminal justice system to reform individuals and considered the petitioner's reformation and personal circumstances. It cited previous judgments to support the principle of balancing punishment with reformation and the need for leniency in certain cases.

Issues: The main issue was whether the petitioner deserved leniency in sentencing based on his reformation and personal circumstances after being convicted under the Prevention of Food Adulteration Act, 1954.

Ratio Decidendi: The court balanced the punitive and reformative aspects of punishment, considering the degree of culpability, the effect on others, and the desirability of showing leniency. It emphasized the need to afford an opportunity for an individual to reform and contribute positively to society.

Final Decision: The court upheld the conviction but reduced the sentence to the period already undergone by the petitioner, while enhancing the fine imposed.

Judgment

Jasbir Singh, J.

1. Petitioner, who is present in Court, has been heard. He has stated that in view of his application moved by him today, lenient treatment may be given to him as he does not intend to contest the revision petition on merits.

2. Petitioner has filed this revision petition against judgment and order dated 27.7.1988, vide which he was convicted for offence under Section 16(1)(a)(i) read with Section 7(1) of Prevention of Food Adulteration Act, 1954 (in short the Act) and was ordered to undergo rigorous imprisonment for a period of six months and also to pay a fine of Rs. 1,000/-. It was further ordered that in case of default of payment of fine, he will further undergo RI for two months. Petitioner went in appeal which was dismissed by the appellate court below. That judgment is also under challenge in this revision petition.

3. It is apparent from the records that on 8.8.1985 at about 8.30 am, petitioner was intercepted by Government Food Inspector on Mulanpur road in the area of UT, Chandigarh. He was found carrying about 20 Kgs. of un- indicated milk kept for sale. After disclosing his identity, Food Inspector gave notice (Ex. PA) to him and thereafter purchased 660 mls of un-indicated milk from the petitioner on payment of Rs. 2.50 against a receipt (Ex. PB). As per rules, samples were drawn and other formalities were also completed at the spot. Thereafter, one sample was sent to the Public Analyst for its analysis. On receipt of report (Ex. PD) from the Public Analyst, it was found that the contents of sample were deficient in milk solids not fat by 21% of the minimum prescribed standard. Prosecution was then launched against the petitioner, who was charge sheeted for the above mentioned offence. He pleaded not guilty and claimed trial. On appraisal of evidence, as led by the prosecution, the trial court had found him guilty of the offence, with which he was charged, convicted and sentenced him, as found mentioned in first paragraph of this order. His appeal was dismissed.

4. It is not necessary to go into details of this case as petitioner, who is present in Court, has moved an application, wherein he has stated that he had been facing the agony of trial, appeal and now pending revision petition, for the last more than 14 years. Sword of conviction had been hanging over his head. He was not a previous convict and nothing adverse exists against him till date. After his conviction, he has settled in life and got married in the year 1993 and now he had two minor sons. He had already remained behind the bars for a period of 25 days. By stating all these facts, he prayed that his sentence be reduced.

5. To a specific question, whether he is still in the business of selling milk, petitioner stated that he had left this profession.

6. This Court feels that purpose of criminal law justice system is not only to bring peace, discipline and harmony in the society but also to give an opportunity to an erring individual to reform himself. Pendency of this revision petition seems to have achieved the purpose above mentioned. As per statement made by the petitioner, after his conviction he had left the business of selling milk, reformed himself and not indulged, thereafter, in any other offence, after the conviction. He has made an attempt to reform himself which is required to be taken note of and he deserves to get benefit of the same.

7. Their Lordships of the Supreme Court in Karamjit Singh v. State (Delhi Admn.), 2000(3) RCR(Criminal) 561 (SC) : 2001(9) Supreme Court Cases 161, observed as under :-

"Punishment in criminal cases is both punitive and reformative. The purpose is that the person found guilty of committing the offence is made to realise his fault and is deterred from repeating such acts in future. The reformative aspect is meant to enable the person concerned to relent and repent for his action and make himself acceptable to the society as a useful social being. In determining the question of pro














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