LAWS(P&H)-2009-3-272

KRISHAN Vs. STATE OF HARYANA

Decided On March 17, 2009
KRISHAN Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS revision petition has been filed by the Petitioner against the order dated 17.2.2009 passed by the learned Additional Sessions Judge, Hisar, whereby his appeal against the order dated 10.2.2005 passed by the learned Chief Judicial Magistrate, Hisar has been dismissed and his conviction and sentence for the offence under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 ("Act" - for short) has been upheld.

(2.) THE Petitioner was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/ -by the learned Chief Judicial Magistrate which has been reduced by the learned Additional Sessions Judge, Hisar to six months' imprisonment.

(3.) LEARNED Counsel for the State has submitted that the Petitioner is not entitled to the benefit of probation in view of the provisions of Section 20(AA) of the Act. Besides, the order of conviction and sentence is based on material and evidence on record and, therefore, does not warrant any interference of this Court.