SAGWA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Learned Counsel for the applicant Sagwa Singh is heard. He has merely contended that the applicant be given benefit of Sec. 4 of the U.P. First Offenders Probation Act. Sec. 20(A) of the Prevention of Food Adulteration Act does not bar the application of the above provision and in fact the Supreme Court in the case reported in A.I.R. 1979 S.C. 1569 Sita Ram Laxmi Narain Agarwal Vs. State of Maharashtra and mother allowed the benefit of the provisions of Maharashtra First Offenders Act to the appellant.

(2.) The applicant is about 60 years of age and the article of food namely, Khandsari was not adulterated with any substance injurious to the health. Such circumstances therefore justify the application of the provisions of Sec. 4 of the U.P. First Offenders Probation Act.

(3.) The revision has therefore, no force and is dismissed. The conviction of the applicant for the offences u/s 16 read with Sec. 7 of the Prevention of Food Adulteration Act and the sentence awarded to him art maintained but instead of undergoing the substantive sentence of imprisonment the applicant be released on his execution of a personal bond the amount, of Rs. 2000.00 with two sureties each in the like amount to be of good behaviour for a period of two years. The applicant is allowed two months from today to execute the bonds. In case of default he shall undergo the sentence of imprisonment as awarded by the Courts below. The sentence of fine is however maintained and in case of default of payment of fine the applicant shall undergo the sentence of imprisonment as ordered by the Courts below. Revision dismissed.