- (1.) Special leave granted. Arguments heard.
(2.) We question raised is as to the application of the Probation of Offenders Act, 1958 to the accused who has been convicted under prevention of Food Adulteration Act. The accused-respondent was convicted under S. 16 (l) (a) (i) of the Food Adulteration Act to undergo RI for six months and to pay a fine of Rs. 1,000. 00 in default to further undergo imprisonment for one month. The appeal preferred by the accused was dismissed by the Sessions Judge. Upon revision the High court of Punjab and Haryana observed thus: Admittedly the petitioner was below 21 years of age at the time of commission of offence. He is not a previous convict. He is facing the trial since long and is on bail since 4/12/1981 under orders of this court. I do not think any useful purpose will be served sending the petitioner to jail again. I feel it is a fit case where awarding of minimum sentence prescribed under the law should be dispensed with. Although in view of section 20-AA 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.
(3.) So stating the High court suspended the sentence and ordered that the accused be released on probation on his entering into a bond of Rs. 3,000. 00 with one surety in the like amount for a period of one year to the satisfaction of the trial court.;