Cr.Revision 72 of 2004. 8.3.2010 Present: Ms. Ruma Kaushik, Addl. AG, for the petitioner. Mr. S.M.Goel, counsel for the respondents. This revision petition has been instituted by the State against the judgment of the learned Additional Sessions Judge (II), Kangra at Dharamsala, who seems to have affirmed the judgment of the Judicial Magistrate Ist Class, Court No. 2, Palampur finding the respondents guilty of offences under Section 16(1)(a) (i) of the Prevention of Food Adulteration Act, 1954 for purportedly selling misbranded products. While disposing of the appeal, the learned Sessions Judge holds: “ 11. I have considered the rival contentions of both the learned counsel for the parties and taking into consideration the entire evidence of the prosecution available on the record including the documents on record strongly relied upon by the learned Public Prosecutor for the State. From the perusal of the evidence on record and the documents relied upon by the prosecution, there is nothing against the appellants to prove that the appellants were selling the article of food in the shop found mis-branded.” If this was the finding of the learned -2- appellate Court, there was nothing to go into on the aspect of sentencing the respondents. However, the learned Court proceeds to deal with the respondents under the Probation of Offenders Act. The State is aggrieved by granting the benefit of Probation of Offenders Act to the respondents. Without entering into the rival contentions and points urged before me, I do find it strange that having held that the respondents are not guilty of the offences as charged, the learned Court could not have undertaken the exercise of going into the legality / mitigation of the sentence, for the obvious reason that a person not found guilty of an offence cannot be sentenced under the law. In the circumstances, this petition is disposed of with the direction that the learned Appellate Court shall readmit the appeal on its record and come to a finding as to whether the respondents are guilty of the offences as charged or not and proceed with the case in accordance with law. Parties shall appear before the learned Sessions Judge, Kangra at Dharamsala on 30.3.2010. March 8, 2010 (PC). (Dev Darshan Sud), J.