RAM KUMAR Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was convicted under Sec. 7 read with Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, and sentenced to six months' rigorous imprisonment and a fine of Rs. 1000.00 or in default thereof, to undergo further two months' rigorous imprisonment by the learned Chief Judicial Magistrate, Karnal, vide his judgment dated April 24, 1979. On appeal, his conviction and sentence were maintained by the learned Additional Sessions Judge, Karnal vide his judgment dated Nov. 29, 1979. He has challenged his conviction and sentence by way of this petition.

(2.) Notice regarding sentence only was issued in this case. The petitioner at the time of the commission of the offence was less than 18 years of age. His age at the time of his statement under Sec. 313, Criminal Procedure Code, is recorded as 17 years. He is a first offender and is on bail. No useful purpose will be served to commit him to imprisonment again to undergo the unexpired period of his sentence. The Probation Officer has also recommended that the petitioner may be released on probation. There is nothing against his character and antecedents according to the Probation Officer. Accordingly his sentence of imprisonment and fine is set aside and he is directed to be released on probation for a period of one year on h;s entering into a bond tin a sum of Rs. 1000.00 with one surety in the like amount, to the satisfaction of the trial Court, binding himself to appear and receive the sentence when called upon to do so by the Court during the aforesaid period and in the meantime to keep the peace and be of good behaviour. He is further directed to pay litigation costs of Rs. 1000.00 to the State.

(3.) Except for the modification in the sentence as indicated above, this petition fails and is dismissed. Petition dismissed.