VIRENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been filed challenging the judgment and order dtd. 28/1/2004 passed by learned Additional District and Sessions Judge (F.T.C.), District Sonbhadra, dismissing Criminal Appeal No. 5 of 1998 (Virendra Kumar Vs. State), preferred against the judgment and order dtd. 18/2/1998 passed by learned Special Judicial Magistrate, Duddhi, District Sonbhadra in Criminal Case No. 228 of 1987 (State Vs. Shyam Sundar Agrahari and another), under Sec. 7/16 of Food Adulteration Act, Police Station Shakti Nagar, District Sonbhadra, convicting and sentencing the revisionist under Sec. 7/16 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the, ''Act, 1954') with a punishment of six months rigorous imprisonment along with a fine of Rs.1,000.00 with default stipulation.

(2.) Heard Shri Gajendra Pratap Singh, the learned Senior Counsel, assisted by Shri Satyendra Prakash Srivastava, the learned counsel for the revisionist, Shri Suresh Bahadur Singh, the learned A.G.A. for the State and perused the record.

(3.) Learned counsel for the revisionist submits that the complaint was filed in the year 1986 and the revisionist was convicted and sentenced by the trial court for six months rigorous imprisonment in the year, 1998, which judgment and order was affirmed by the learned appellate court in the year, 2004. The date of birth of the revisionist is 25/10/1968 and on the date of alleged incident he was aged about 17 years, 07 months 23 days and as such at that time he was minor and by now 36 years have already been elapsed. The delay in trial deprives the right of the revisionist of speedy trial and he may be given benefit of first offender under the provisions of the U.P. First Offenders Probation Act, 1938 (hereinafter referred to as the, ''Act, 1938'). In support of his submission he placed reliance upon a judgment given by this Court in the case of Badan Singh Vs. State of U.P. in Criminal Revision No. 2066 of 1973 (decided on 31/3/1976).