SRI DUTT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the judgment dated 25.10.1996 passed by the Court of Addl. Sessions Judge, Jind who affirmed the judgment and order of the trial Court under Section 16 of the Prevention of Food Adulteration Act.

(2.) THE only prayer which has been raised by the ld. counsel for the petitioner is that the petitioner is a young boy of 34 years and he has been facing protracted trial since 1990. He is not a previous convict and in these circumstances, the benefit of probation may be granted to him in spite of the fact that there are provisions of Prevention of Food Adulteration Act depriving the petitioner of such benefits. In support of his contention, learned counsel for the petitioner has relied upon two judgments of this Court reported as 1996(2) RCR : [1995(3) All India Criminal Law Reporter 542 (Pb. and Hry.)] Ashok Kumar v. State of Haryana and 1996(2) RCR 554 : [1995(3) All India Criminal Law Reporter 294 (Pb. and Hry.)] Vijay Kumar v. State of Haryana. It was held in the subsequent authority that irrespective of the fact that in the Prevention of Food Adulteration Act minimum sentence has been provided but those provisions cannot over ride the judicial compassion and convict can be compensated for the mental agony which he underwent on account of the protracted trial. In the present case, the petitioner had undergone a protracted trial for the last 7 years. Keeping in view the previous antecedents and the age, the sentence imposed upon the petitioner is hereby modified and he is granted probation under section 4(1)(a) of the Probation of Offenders Act providing the petitioner furnishes a bail bond in the sum of Rs. 5,000/ - with one surety in the like amount for a period of one year undertaking that he shall not commit any offence during this period, he shall maintain peace and be of good behaviour; and in case he commits a breach of his personal bond he can be called for undergoing the remaining portion of the sentence. With these observations, the present revision stands disposed of. The bail bond and surety bond be furnished before the C.J.M. concerned within 15 days from today. A copy of this order be given dasti. Copy of this order be also sent to CJM, Jind for information and compliance. Order accordingly.