AKHTAR ALI Vs. STATE

JUDGEMENT

(1.) The applicant Akhtar Ali has been convicted under Sec. 7/16 Prevention of Food Adulteration Act and sentenced to six month's R.I. and to pay a fine of Rs. 1,000.00. The order was confirmed in Cr. appeal No. 153 of 1975 by the Fifth Adi. District and Sessions Judge, Saharanpur by his order dated 14-1-1976.

(2.) The prosecution case is that the applicant was found selling and exhibiting for sale cow's milk on 22-9-1973 at about 6-45 a.m. on Nawabganj Road, near Jwala Nagar within the limits of the Municipal Board Saharanpur when he was checked by the Food Inspector. The Food Inspector purchased the sample of milk from him and sealed the same in bottles. On analysis, it was found that it was deficient in fat contents by about 3 percent and in non-fatty solid contents by about 2.4 percent. The applicant was duly prosecuted. The defence of applicant was that he did not deal in milk and that he had not pul his signatures on the papers produced by the prosecution. The trial Court found the prosecution case proved and convicted and sentenced applicant as stated above. The order was confirmed in appeal.

(3.) Feeling aggrieved, the applicant has filed this revision. It was admitted on the question of sentence only. The applicant has filed on affidavit to the effect that he is not a previous convict and is entitled to be given the benefit of the U.P. First Offenders' Probation Act. He gave his age as 20 years. In his statement under Sec. 342 Cr. P.C. recorded on 12-2-1975 he had given his age as 21 years. It cannot, therefore, be said that he was below 18 years at the time of the occurrence or at the time when the order was passed by the trial court. Now in view of the amendment made by Act No. XXXIV of 1976, it is not possible to allow benefit of the U.P. First Offenders' Probation Act to a person convicted of such offences unless he was below 18 years, of age.