MUNICIPAL CORPORATION OF DELHI Vs. ASSA RAM

JUDGEMENT

(1.) (Oral) - This petition is directed against the order made by an Additional Sessions Judge, Delhi, on the 25th of Oct., 1971, by which while upholding the conviction of the respondent under sections 7/16 of the Prevention of Food Adulteration Act, he gave him the benefit of the provisions contained in the Probation of Offenders Act. The Additional Sessions Judge directed under section 4 of the Probation of Offenders Act that the convict be released on his entering into a bond with one surety in the amount of Rs. 3000.00 for a period of one year. During that period he was to keep peace and be of good behaviour and it was directed that he would appear to receive sentence whenever called upon by the court.

(2.) This petition was admitted on the 15th of Feb., 1972. If it had been disposed of expeditiously the grievance that the respondent should not have been given the benefit of the provisions contained in the Probation of Offenders Act could have been looked into. Three years ago the respondent was given the benefit of the provisions contained in the Probation of Offenders Act. He complied with that order and executed a bond in the sum of Rs. 3000.00 with one surety for keeping the peace for a period of one year. As the petition is coming up after three years it is not an appropriate case in which it may be possible to consider as to whether the respondent should have been given the benefit of the provisions contained in the Probation of Offenders Act or not. As observed earlier, he has complied with the directions contained in the impugned order. This petition does not call for any adjudication.

(3.) In the peculiar circumstances, mentioned above, the petition is dismissed. Petition dismissed.