A.S. Bains, J. - (1.) The petitioner was convicted and sentenced by the learned Judicial Magistrate 1st Class, Ambala City under section 16(1)(b) of the Prevention of Food Adulteration Act, to undergo six months 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 Swan Singh Sarpanch and Babu Singh, DWs; that he is a first offender and he 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. 20-AA 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 of the Code of 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.";