LAWS(DLH)-1979-12-5

RAM SINGH Vs. STATE

Decided On December 06, 1979
RAM SINGH Appellant
V/S
STATE AND MUNICIPAL CORPORATION OF DELHI Respondents

JUDGEMENT

(1.) The petitioner was convicted for an offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act and sentenced to undergo R.I. fora period of six months and to pay a fine of Rs. 1000.00 by the learned Metropolitan Magistrate, Delhi. In appeal the said conviction and sentence having been upheld, the petitioner filed the present revision petition. During the pendency of the petition, the petitioner was released on bail.

(2.) Bawa Gurcharan Singh, learned Counsel has not challenged the conviction of the petitioner on facts. He has, however, urged that as the prosecution commenced in 1975, prior to the introduction Of Section 20AA, the 'benefit of Section 4 of the Probation of Offenders Act, 1958, should be given to the petitioner as 'he was only a boy of 20 years and four months Of age at the time of commission of the offence. This is the only point which arises for consideration in this petition.

(3.) The Trial Court had observed that the petitioner 'had not proved bis age to be below 21 years at the time of the incident. The learned Sessions Judge, however, disagreed with that finding and held the accused to be less than 21 years of age at the time of commission of offence. The benefit under the Probation of Offenders Act was, however, not given as the learned Sessions Judge was of the view that the offence committed by the petitioner viz. selling of boondi ladoos containing unpermitted coal tar dye, was a great health hazard. It was accordingly held that clemency in the matter of sentence should not be shown to the appellant. In support of this conclusion the learned Session Judge relied upon the decisions of the Supreme Court in Ishar Dass v. The State of Punjab, 1972. FAC 150 and Prem Bdllab and another v. The State (Delhi Admn.), 1976 (II) FAC 53.