A.S. Bains, J. - (1.) The petitioner was convicted and sentenced by the learned Judicial Magistrate, 1st Class, Ambala City under Sec. 16(b)(b) the Prevention of Food Adulteration Act, to undergo six month' rigorous imprisonment and to pay a fine of Rs. 1000.00 or in default of payment of fine, to undergo further three months' rigorous imprisonment On appeal, his conviction and sentence were upheld by the learned Sessions Judge Ambala, Hence this revision petition.
(2.) Mr. Sukhija, learned counsel for the petitioner, has not addressed on merits, but prays that the offence took place on 7th March, 1974; that the petitioner has also left the profession of selling milk as deposed by Swarn Singh, DW., and that he is a first offender and may be given the benefit of probation.
(3.) I have perused the record. There is nothing on the record to show that the petitioner is not a first offender. He is on bail. There is also nothing against his character and antecedents. The benefit of probation is not available to such offenders who are above the age of 18 years under the existing provisions as the Prevention of Food Adulteration Act has been amended by the Legislature and Sec. 20AA was added with effect from 1st April, 1976, which is in the following terms:- "20AA. Application of the Probation of Offenders Act, 1958 and Sec. 360 o f the Code o f Criminal Procedure, 1973. Nothing contained in the Probation of Offenders Act, 1958 (20 of 1958), or section 360 of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to a person convicted of an offence under this Act unless that person is under eighteen years of age." The offence in the present case took place much before the amendment. Hence the amended provision will not be applicable in the petitioner's case.;