STATE OF PUNJAB Vs. MITHU SINGH

JUDGEMENT

(1.) Special leave granted. Arguments heard.

(2.) We question raised is as to the application of the Probation of Offenders Act, 1958 to the accused who has been convicted under prevention of Food Adulteration Act. The accused-respondent was convicted under S. 16 (l) (a) (i) of the Food Adulteration Act to undergo RI for six months and to pay a fine of Rs. 1,000. 00 in default to further undergo imprisonment for one month. The appeal preferred by the accused was dismissed by the Sessions Judge. Upon revision the High court of Punjab and Haryana observed thus:

(3.) So stating the High court suspended the sentence and ordered that the accused be released on probation on his entering into a bond of Rs. 3,000. 00 with one surety in the like amount for a period of one year to the satisfaction of the trial court.