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Wednesday, March 10, 2010

Where minimum sentence is prescribed by statute, diluted or a lessor sentence cannot be awarded

2010(1) LAW HERALD (P&H) 218
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Nawab Singh
Criminal Revision No. 165 of 2001
Pardeep
v.
State of Haryana & Anr.
{Decided on 06/10/2009}
For the Petitioner: Mr. Sandeep Kotla, Advocate.
For the Respondent-State: Mr. S.S. Goripuria, DAG, Haryana.
IMPORTANT POINT
Conviction--Sentence--Where minimum sentence is prescribed by statute, diluted or a lessor sentence cannot be awarded.
(A) Prevention of Food Adulteration Act, 1954, S.16(1)(a)--Conviction--Reduction of sentence--Adulteration of milk--Sample of milk found deficient in milk solid not fat by 1.5 percent--Whether less than minimum prescribed sentence could be awarded to vendor--Held, No--Conviction and sentence maintained.
(B) Prevention of Food Adulteration Act, 1954, S.16(1)(a)--Conviction--Reduction of sentence--Where minimum sentence is prescribed by the statute, it cannot be reduced to a lessor term in the shape of reducing the sentence to the period already undergone nor the substantive sentence, made mandatory by the statute can be converted into sentence of fine only.
(C) Prevention of Food Adulteration Act, 1954, S.16(1)(a)--Conviction--Sentence--Where minimum sentence is prescribed by statute, diluted or a lessor sentence cannot be awarded.