A.S. Bains , J. - (1.) The petitioner was convicted and sentenced under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, by the trial Court vide judgment dated Dec. 22, 1979, to six monthsrigorous imprisonment and a fine of Rs. 1,000.00 or in default to undergo further rigorous imprisonment for three months. On appeal, his conviction and sentence were maintained by the learned Addl. Sessions Judge. He has now challenged his conviction and sentence by way of this revision petition.
(2.) Only notice regarding sentence was issued in this case. The petitioner was about 17 years of age at the time of the commission of the offence. The occurrence took place on Dec. 30, 1975. There is nothing against his character and antecedents. He is a first offender. He has also undergone one months rigorous imprisonment. I am of the view that instead of sentencing him to imprisonment, he is entitled to the benefit of probation. Accordingly, his sentence of imprisonment and fine is set aside and it is directed that he be released on probation, if he furnishes personal bond for two years in the sum of Rs. 5,000.00 with one surety in the like amount to the satisfaction of the trial court undertaking to receive sentence when called upon during such period and in the meantime to keep the peace and be of good behaviour. He is further directed to pay the litigation cost of Rs. 1000.00 to the State.
(3.) Except for the alteration in the sentence, as indicated above, the petition fails and is dismissed. Petition dismissed.;