(1.) S. R. Bhargava, J. On 7th September, 1983 Food Inspector went to the shop of the revisionist situated in village Khoi and found him selling mustard oil. Food Inspector purchased sample of mustard oil from the revisionist and sent the same to the public analyst who found the same adulterated with argimon and linseed oil. Lower Courts convicted him with offence of selling adulterated mustard oil under Section 7 read with Section 16 of the Prevention of Food Adulteration Act and sentenced him to rigorous imprisonment for six months and fine of Rs. l. 000/ -. Both the Courts did not make any observation about the age of the revisionist. In this Court the only point urged in the revision was that the revisionist was below 18 years of age even on the date of offence and so even under Section 20-AA of the Act he is entitled to first offender benefit and probation. Report regarding age of the revisionist was called from the lower appellante Court. Learned lower Appellate Court after giving opportunity to the parties adduced evidence and after perusal of the evidence and its own observation of the revisionist, arrived at the conclusion that the revisionist was below 18 years of age on the date of offence. In view of this revisionist is entitled to first offender benefit and probation under Section 4 of the U. P. First Offender Probation Act.
(2.) IN the result this revision is partly allowed. Sentence of the revisionist is set aside. He is granted first offender benefit and probation under Section 4 of the U. P. First Offender Probation Act. He is on bail. He shall be summoned by the Judicial Magistrate, Karvi and shall be released on probation on his furnishing his personal bond and two sureties of identical amount to the satisfaction of the Magistrate concerned for good behaviour and maintaining peace for one year. IN default of furnishing bond as directed above or any term of the bond, revisionist shall be liable to appears before the Magistrate concerned and receive sentence. Revision partly allowed. .