MADAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to rigorous imprisonment for one year and a fine of Rs. 1,000 in default, further rigorous imprisonment for three months, under section 16(1)(a)(i) read with section 7 of the Preventation of Food Adulteration Act by the trial Magistrate. His conviction and sentence were upheld by the lower appellate Court. The petitioner came up in revision in this Court. The same was admitted by I.S. Tiwana, J., vide his order 16th April, 1982.

(2.) MR . R.K. Garg, learned counsel for the petitioner, has not addressed me on the merits. He submits that the petitioner is a young man, that he is not a previous convict and that he has been facing the trial since long and has been on bail under orders of this Court since April, 1982. Therefore, he prays that the petitioner may not be sent to jail. I agree with the learned counsel for the petitioner that there is no point in sending the petitioner to jail at this stage. I feel it is a fit case where the awarding of the minimum sentence prescribed under the law should be dispensed with. Although in view of section 20AA of the Prevention of Food Adulteration Act now the benefit of Probation of Offenders Act cannot be given to the petitioner but the offence in this case was committed long time back when the Courts had the power in appropriate cases to release the offenders on probation. Consequently, I suspend the sentence of imprisonment imposed on the petitioner and order that he be released on probation on his furnishing within two months to the satisfaction of the trial Court a bond in the sum of three thousand rupees with one surety in the like amount to keep peace and be of good behaviour for a period of one year and to appear to receive the sentence when called upon to do so in the meantime. The fine imposed on the petitioner should be converted into litigation expenses payable to the State. But for this modification, this revision petition fails and is hereby dismissed. Petition dismissed.