JAWAHAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a revision petition in a case where the petitioner has been convicted for offence under Section 7/16 of the Prevention of Food Adulteration Act. Record was called for and after perusal of the record the court was not satisfied that it is a case of interference on mrits. This court, therefore, on 18 -7 -1988 sent for the report of the Probation Officer of Buridi District because the case of the accused fell under Section 20AA of the Prevention of Food Adulteration Act. The report has been received which discloses that the accused -petitioner at the time of occurrence was a student of Class VIEL and was extremely of young age. It is stated in the report that the boy is very noble and nice in temperament and appears to be laborious. They are agriculturists by profession. In totality the report is that even if he had committed some offence then it was at the best his mischievious and childish act devoid of any profit motive, hence I am inclined to accept the report and considering the fact that the case of the boy is fully covered under Section 20AA of the Prevention of Food Adulteration Act and extend him the benefit of the same.

(2.) CONSEQUENTLY the revision petition is allowed. Conviction of the accused -petitioner is maintained but instead of sentence the petitioner shall he released on his executing a bond in the sum of Rs. 2000/ - with one surety in the like amount to the satisfaction of the trial court for keeping peace and be of good behaviour for a period of one year. One month's time is granted to execute the bonds, failing which be shall suffer the sentence passed by the trial court.