ONKAR Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision was admitted on the point of sentence only. On 9.7.79 sample of milk was purchased from revisionist Onkar. His sample was found adulterated and he was convicted with of­fences under Section 7/16 of the Prevention of Food Adulteration Act and sentenced to rigorous imprisonment for six months and fine of Rs. 2000.00. It appears that in lower appellate court probation was claimed on behalf of the revisionist. Learned lower appellate court observed that in trial court the revisionist stated his age to be 21 years and so under Section 20-AA of the Prevention of Food Adulteration Act probation cannot be granted.

(2.) IN this court it has been argued that on the date of his statement under Section 313 Cr. P.C. revisionist was 21 years old that is on the date of offence, he was about 16 years old. Hence he should have been granted probation under the U.P. First Offender Probation Act. Section 20-AA, no doubt, lays down that for an offence under the Act, a person cannot be granted probation unless that person is under 18 years of age presumably learned lower appellate court was guided by the word "is" in Section 20- AA. But this word has to be read in the context of offence and not in the context of conviction or sentence. No word or any provision should be read or interpreted in isolation. There has to be a harmonious interpretation of all the provisions of the Act and even Acts referred to in the Act. Prevention of Food Adulteration Act is a Special Act and so is the U.P. First Offenders Probation Act What the U.P. First offenders probation Act contemplates is the age of the accused at the time of the offences. Even under Section7/16 of the prevention of Food Adulteration Act the offence is committed when sample is taken. Hence it appears more reasonable than the word "is" in Section 20-A should be interpreted in the context of the date of offence. I conclude that if a person was below 18 years of age on the date of the taking of sample he is entitled to probation under the U.P. First Offenders Probation Act despite Section 20-AA of the prevention of Food Adulteration Act.