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2008 DIGILAW 222 (PNJ)

Bhim Singh v. State Of Haryana

2008-01-28

KANWALJIT SINGH AHLUWALIA

body2008
Judgment Kanwaljit Singh Ahluwalia, J. 1. On 30.12.1982, petitioner was found in possession of 13 kgs. of cows milk for public sale. Sample was taken out of the same and as per the report of Public Analyst, the milk was found deficient in milk solids not fat. 2. Mr. Ashwani Kumar Bura, learned counsel appearing for the petitioner states that he will not assail the findings of the courts below. From the day sample was taken, period of 25 years has lapsed, he prays that petitioners sentence be reduced to already undergone. He has further stated that the petitioner was taken into custody on 15.9.1993 and was released on bail by this Court on 22.9.1993. 3. I am afraid that this contention of Mr. Bura cannot be accepted. Powever, since the petitioner has suffered protracted trial for the last 25 years and according to counsel, in the last 25 years he has committed no other offence. He has further contended that the petitioner can be released on probation under the Probation of Offenders Act, 1985 (hereinafter referred to as "the Act" ). 4. Taking into the totality of circumstances that the petitioner was only sentenced to undergo rigorous imprisonment for a period of six months and a period of 25 years has lapsed from the date of taking sample and statement of Mr. Bura at the bar that petitioner has committed no other offence, the ends of justice will be met if the petitioner is released on probation under the act to maintain good behaviour and conduct under the Prevention of Food Adulteration act, 1954, for a period of six months on his furnishing bonds to this effect before the court of Chief Judicial Magistrate, Panipat. 5. Thus, the petitioner is ordered to be released on probation under the Act for a period of six months. However, sentence of fine is enhanced to Rs.5,000 and the same will be assessed as cost of litigation. 6. Non-payment of cost by the petitioner in the Court will amount to dismissal of the present revision petition. 7. With these observations, the present revision petition is disposed of. Petition disposed of.