TITLE: Ram Saran v State of Haryana
Decided On-: May 03, 2023
CRR No.1054 of 2008
CORAM: Hon’ble Justice Mr Deepak Gupta
INTRODUCTION – The current case involves a food inspector who did indeed performed his duties as a government agent. What is in question is how long it takes to remedy a situation.
FACTS OF THE CASE
The shop of the petitioner was visited by a food inspector on December 22, 1994, at around 3.30 PM, and a sample of hoya was taken; upon analysis, it was discovered to be adulterated.
After a trial, the petitioner was found guilty of violating Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (commonly known as “the Act”). In a separate order dated January 19, 2007, the learned Chief Judicial Magistrate of Kurukshetra sentenced the petitioner to six months of rigorous imprisonment and a fine of $1,000 with a default sentence of 15 days. The learned Sessions Judge in Kurukshetra dismissed the petitioner’s appeal against the aforementioned conviction and sentence order on May 28, 2008.
COURT ANALYSIS AND DECISION
Given his advanced age and the drawn-out nature of his case, the petitioner’s knowledgeable attorney has made a brief request that the sentence be reduced for the time that he has already served. According to the legal counsel, there was a 0.5% shortage of milk fat compared to what was specified. Almost 29 years have passed since the offence was committed in December 1994, and the petitioner has reached the age of more than 70. He was detained from May 28, 2008, until his by order dated June 3, 2008, this Court suspended the sentence.
On the other hand, learned state counsel contends that a minimum sentence is set forth in the Act’s provisions for committing the offence. But the learned State Counsel is unable to refute the above-mentioned factual position or the assertion that the petitioner has no prior criminal history and that there is no evidence to support his involvement in criminal activity following his conviction.After considering both submission placed before the Hon’ble court
The court has decided, it will not be appropriate to carry out the remainder of the petitioner’s sentence behind bars at such a old tender age.While upholding the petitioner’s conviction, his sentence is reduced for the time he has already served in light of the overall factual situation and rulings presented
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Written by- Steffi Desousa
