Ashraf alias Mohd Shah vs State of U.P.

S.R. Bhargava, J.—Revisionist Ashraf alias Mohd. Shah was convicted and sentenced under Section 7/16 of the Prevention of Food Adulteration Act in connection with taking of sample on 26th March, 1985. There is finding of the lower appellate court that on the date of offence revisionist was between 15 and 16 years of age. He was entitled to benefit of Children Act. Even under Section 20 AA of the Prevention of Food Adulteration Act he is entitled to probation.

Hence I partly allow this revision and set aside the sentence of the revisionist. He is entitled to be released on probation. He shall attend the court of the Magistrate concerned within two months. He shall furnish his personal bond and two sureties to the satisfaction of the Magistrate concerned for his good behaviour and maintaining peace for one year. On his furnishing bond and sureties he shall be released on probation. He has already attained majority. He does not require supervision of the Probation Officer. Hence during period of probation he shall not be under the supervision of the Probation Officer. Fine if deposited, shall be refunded to the revisionist.

A copy of the order be issued to the earned counsel for the revisionist on payment of usual charges today.

Partly Allowed