Criminal Revision No. 809 of 1996 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No. 809 of 1996 Date of Decision: 19.2.2008. Phool Singh …Petitioner Versus State of Haryana …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Raj Mohan Singh, Advocate for the petitioner. Mr. Dinesh Arora, Assistant Advocate General, Haryana, for the State. Kanwaljit Singh Ahluwalia, J. (Oral) Mr. Raj Mohan Singh, Advocate, appearing for the petitioner, has very fairly stated that he will not contest the conviction recorded by the Courts below and will confine his arguments on the point of quantum of sentence and for grant of probation. Therefore, summoning of trial Court record is dispensed with. On 1.6.1991 at 7.50 P.M. petitioner was apprehended by Sube Singh, Government Food Inspector near Barwala Road Octroi. Sube Singh, Government Food Inspector was accompanied by Dr. S.K.Goel, Medical Officer. 750 mls. of Cow's milk was purchased by the Government Food Inspector and after following the necessary Criminal Revision No. 809 of 1996 2 procedures and taking samples the same was sent to the Public Analyst. Public Analyst opined that the sample was containing milk fat 4% and milk solids not fat 7% and deficiency was found to be 18% in milk non- fatty constituents. The petitioner was tried by the Court of learned Additional Chief Judicial Magistrate, Hisar and was sentenced to six months rigorous imprisonment and a fine of Rs.1,000/-. The appeal preferred by the petitioner was dismissed by the Court of learned Additional Sessions Judge, Hisar. Petitioner was taken into custody on 7.10.1996 and this Court suspended the sentence on 28.10.1996. Thus, the petitioner has undergone according to Mr. Raj Mohan Singh, Advocate, about 21 days of his actual sentence of six months. Mr. Raj Mohan Singh, Advocate, has contended before me that in the present case, sample was taken on 1.6.1991. The petitioner has undergone protracted trial of about 17 years. In the head note of trial Court judgment, age of the petitioner was recorded as 30 years. Mr. Raj Mohan Singh has stated that the petitioner was married and his children are of marriageable age and sending him behind bars at this stage will cause stigma and eclipse the matrimonial prospects of his children. He has further stated that in the last 17 years, the petitioner has not committed any such offence. Taking into consideration totality of the circumstances as in the present case occurrence pertains to year 1991, antecedents of the accused and the fact that he is the only bread earner of the family as stated by Mr. Raj Mohan Singh, Advocate, ends of justice will be met in case the petitioner is released on probation under the Probation of Offenders' Act, 1985. Hence, the petitioner shall be released on Criminal Revision No. 809 of 1996 3 probation for one year and shall furnish bonds to this effect before the Court of learned Additional Chief Judicial Magistrate, Hisar, to maintain good conduct and behaviour. Sentence of fine is enhanced to Rs.10,000/-, which shall be converted into cost of litigation. The cost of litigation shall be deposited by the petitioner in the Court on or before 15.5.2008. Non-payment of cost of litigation shall be considered as dismissal of the present revision petition. With these observations, the present revision petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge February 19, 2008 “DK”