SAJJAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant was convicted for the offence under section 16(1)(a) (i) of the Prevention of Food Adulteration Act and sentenced to under go R.I. for a period of 6 months and to pay a fine of Rs. 1000.00 by the trial court. In appeal the aforesaid conviction and sentence having been upheld the applicant has come to this court in revision.

(2.) The applicant was admittedly a boy of 20 years of age at the time when the prosecution was launched against him. In the lower appellate court the applicant sought the benefit under the Probation of Offenders Act, but the learned Additional Sessions Judge was of the view that for a social offence like the one under the Prevention of Food Adulteration Act, the benefit of the Probation of Offenders Act could not be given.

(3.) Thus, the only point for consideration in this revision is whether the applicant, a boy of 20 years of age, is entitled to be dealt with under section 3 or section 4 of the Probation of Offenders Act. It may be noted that the law has been settled by the decision of the Supreme Court in Isher Das Vs. State of Punjab, AIR 1972 S.C. 1295 which lays down as under :