K SURESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) NEITHER the seizure of the sample from the petitioner nor the percentage of adulteration of the sample is in dispute. The only question raised by Sri Padmanabha Reddy, the learned Counsel appearing for the petitioner, is that the petitioner was aged 17 years at the time of commission of the offence, and that under Section 20-AA of the Prevention of Food Adulteration Act, 1954, the court below should have usefully invoked the provisions of the Probation of Offenders Act or Section 360 of the Code of Criminal Procedure in favour of the petitioner. It is true that at the time of institution of the complaint, the petitioner was aged 17 years, but on the date of conviction by the learned judicial First Class Magistrate, he was more than 18 years of age. The beneficial provisions of Section 20-AA of the Prevention of Food Adulteration Act, 1954 can be applied to an accused person if he is under 18 years of age on the date of conviction, and not before.

(2.) THE Criminal revision is without merits. It is accordingly dismissed.