LAWS(P&H)-2008-1-15

BHIM SINGH Vs. STATE OF HARYANA

Decided On January 28, 2008
BHIM SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) ON 30. 12. 1982, petitioner was found in possession of 13 kgs. of cow's milk for public sale. Sample was taken out of the same and as per the report of Public Analyst, the milk was found deficient in milk solids not fat.

(2.) MR. Ashwani Kumar Bura, learned counsel appearing for the petitioner states that he will not assail the findings of the courts below. From the day sample was taken, period of 25 years has lapsed, he prays that petitioners sentence be reduced to already undergone. He has further stated that the petitioner was taken into custody on 15. 9. 1993 and was released on bail by this Court on 22. 9. 1993.

(3.) I am afraid that this contention of Mr. Bura cannot be accepted. Powever, since the petitioner has suffered protracted trial for the last 25 years and according to counsel, in the last 25 years he has committed no other offence. He has further contended that the petitioner can be released on probation under the Probation of Offenders Act, 1985 (hereinafter referred to as "the Act" ).