V.K.BALI,J - (1.) THE petitioner herein has been held guilty for an offence punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and sentenced to undergo Rigorous Imprisonment for a period of 8 months as also to pay fine of Rs. 1,000/- or in default of payment of fine, to further undergo Rigorous Imprisonment for a period of 4 months, vide order dated 26.3.1987 passed by learned Trial magistrate. In appeal preferred by the petitioner, order of conviction was maintained, whereas sentence was reduced from 8 months to 6 months, vide order dated 10.12.1988.
(2.) THE sample of paneer taken from the possession of the petitioner, on an analysis, was found to be adulterated inasmuch as it contained milk fat on dry weight basis 39.3% against the minimum prescribed standard of 50%. Learned counsel representing petitioner contends that the occurrence pertains to the year 1985 and, therefore, the petitioner has undergone protracted trial spanned over a period of mere than 15 years as also that the petitioner was the first offender and 32 years of age at the time of incident and that in view of the facts, as mentioned above, he should be let off by giving the benefit of provisions contained in the Probation of offenders Act, 1961. In his endeavour to show that even in cases where minimum sentence has been prescribed, the benefit of provisions contained in the Probation of Offenders Act, 1961, can still be granted, learned counsel relies on a judgment of this Court in Narain Dass v. State of Haryana, 1997(3) Recent Criminal Cases 300 : 1997(3) RCR(Crl.) 311 (P&H) 300 as also Full Bench judgment of this Court in Joginder Singh v. State of Punjab, 1980 Criminal Law Journal 1218.
(3.) AFTER hearing learned counsel representing the parties and examining the record, this Court is of the view that ends of justice would be met if petitioner is let off on probation. While, therefore, maintaining the order of conviction against him, he is sentenced in a way that he will fill up the requisite bonds to show good conduct for a period of one year before the Trial Magistrate within a period of one month from the date he receives certified copy of this order. This revision is, thus, partly allowed in the manner indicated above. Revision partly allowed.;