DHARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER had faced the trial qua commission of offence punishable under Section 7 read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 ('Act' for short). The trial Court vide judgment/order dated 5.7.2011/6.7.2011 convicted and sentenced the petitioner qua commission of offence punishable under Section 7 read with Section 16(1)(a)(i) of the Act. The said judgment/order of conviction and sentence were upheld by the Appellate Court vide judgment dated 26.9.2012. Hence, the present petition. Learned counsel for the petitioner has submitted that the petitioner was a juvenile at the time of occurrence. Learned counsel for the petitioner has submitted that the sentence qua imprisonment of the petitioner be reduced to already undergone by him.

(2.) DURING the course of arguments, learned counsel for the petitioner has placed on record certified copy of the school leaving certificate (Ex. Dl). A perusal of the same reveals that in the said school leaving certificate, the date of birth of the petitioner has been mentioned as 10.8.1989. The said certificate was not rebutted by the State during trial. The sample of the food item in the present case was drawn on 22.2.2006. Thus, on the date the sample was drawn, petitioner was a juvenile.