Supreme Court of India

Ishar Das v State of Punjab

AIR 1972 SC 129519721 min read
The case in brief30-second read
Facts
The appellant, aged about 18, was convicted under the Prevention of Food Adulteration Act, 1954 for selling adulterated milk and sentenced to imprisonment and fine.
Issue
Whether the Probation of Offenders Act, 1958 could be applied to an offence under the Prevention of Food Adulteration Act.
Held
S.4 of the Probation of Offenders Act, with its non obstante clause, applied despite the minimum sentence prescribed by the Food Adulteration Act, and the appellant being under 21 attracted S.6. The High Court order of imprisonment and fine was set aside and the order of probation passed by the Magistrate restored.
Principle
The Probation of Offenders Act applies unless expressly excluded, and youth weighs strongly in favour of probation.
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Facts

  • The appellant, aged about 18, was convicted under the Prevention of Food Adulteration Act, 1954 for selling adulterated milk and sentenced to imprisonment and fine.

Issue

  1. Whether the Probation of Offenders Act, 1958 could be applied to an offence under the Prevention of Food Adulteration Act.

Held

  • S.4 of the Probation of Offenders Act, with its non obstante clause, applied despite the minimum sentence prescribed by the Food Adulteration Act, and the appellant being under 21 attracted S.6. The High Court order of imprisonment and fine was set aside and the order of probation passed by the Magistrate restored.

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Citation

Ishar Das v State of Punjab AIR 1972 SC 1295

Reported: https://indiankanoon.org/doc/763947/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.