OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was found guilty under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, for having found in his possession 25 litres of cow milk for sale in the area of Karnal City, on 20.12.1989 at about 11.30 A.M. which on analysis was found to be adulterated as it was deficient in milk fat by 65% of the minimum prescribed standard. He was sentenced to 6 months' R.I. and a fine of Rs. 1000/- vide judgment and order dated 20.12.1999 passed by the Chief Judicial Magistrate, Karnal. He filed an appeal which was dismissed by the learned Additional Sessions Judge on 5.9.2001. Still dissatisfied, the petitioner has filed the present revision petition.

(2.) LEARNED counsel for the petitioner has not contested the revision on merits. He contended that the petitioner had been facing the agony of protracted trial for the last about 12 years. He was aged less than 16 years at the time of taking the sample and as such was entitled to probation under Section 20(AA) of the Act. In support of his age, the petitioner has filed the certified copy of the school leaving certificate which shows his date of birth as 10.12.1978. Thus, he was about 16 years of age at the time of taking the sample. Section 20(AA) of the Act states that Probation of Offenders Act shall be applicable to a person convicted of an offence under this Act, who is less than 18 years of age. Since the petitioner was less than 18 years of age at the time of taking the sample and had suffered protracted trial for the last about 12 years, so I think it is a fit case where the concession of probation should be given to him. Fine has already been paid. Consequently, the sentence awarded to the petitioner is set aside. Instead of sentencing him to any imprisonment, he is released on probation if he furnishes a personal bond in the sum of Rs. 10,000/- with one surely in the like amount to keep peace and be of good behaviour for a period of two years and to receive sentence as and when called upon to do so during the said period of two years.