CRL.A. No. 186 of 2006
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 186 OF 2006
NAUSHAD
.....
APPELLANT
VERSUS
STATE OF U.P.
.....
RESPONDENT
ORDER
1. The appellant herein was apprehended by the Food Inspector on 4th August, 1981, while retailing milk. The Public Analyst in his Report dated 26th August, 1981 opined that the milk was adulterated inasmuch as that the milk contained 6.7% non-fatty solids which was below the prescribed standard of 9%. The appellant was, accordingly, tried and convicted under Sections 7/16 of the Prevention of Food Adulteration Act, 1954 and sentenced to undergo rigorous imprisonment for six months and a fine of Rs.1,000/- and in default of payment of fine to undergo simple imprisonment for three months. An appeal was thereafter taken to the Additional Sessions Judge, Muzaffar Nagar, who vide his judgment dated 5th November, 1985, maintained the conviction and sentence. A revision
CRL.A. No. 186 of 2006
petition filed by the appellant before the High Court was also dismissed on 28th July, 2003. This matter has been pending in this Court since the year 2004. We observe that the findings of fact call for no interference. However, in the light of the fact that the incident happened in the year 1981 and the appellant has been facing trial or court proceedings in one forum or the other for years and that he is as of now 84 years of age, we feel that keeping in mind the observations of this Court in Haripada Das v. State of W..B. & Anr. (1998) 9 SCC 678 and Bhagwan Das Motulal Navalani v. State of Maharashtra (1987) 2 SCC 645 the ends of justice would be met if the sentence is reduced to that already undergone although we are conscious of the fact that the appellant has undergone only 15 days of the sentence.
With this modification, in the orders of the courts below, the appeal is dismissed.
........................... J
[HARJIT SINGH BEDI]
........................... J
[CHANDRAMAULI KR. PRASAD] NEW DELHI
CRL.A. No. 186 of 2006
OCTOBER 27, 2010.