ISHARDAS versus STATE OF PUNJAB

ISHARDAS versus STATE OF PUNJAB

The Probation of Offenders Act, 1958, by virtue of its non-obstante clause, applies to persons under 21 years of age convicted under the Prevention of Food Adulteration Act, 1954, notwithstanding the minimum sentence prescribed; such young offenders should be given the benefit of probation unless the court records reasons to deny it.

Parties
Appellant: Ishar Das; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
31 January 1972
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Judgment and Order of Punjab and Haryana High Court in Criminal Revision
Outcome
Appeal allowed
Legal Topics
Probation of Offenders, Minimum Sentencing, Food Adulteration, Youth Offenders
Criminal Law Probation of Offenders Minimum Sentencing Food Adulteration Youth Offenders

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Parties

Ishar Das

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Judgment and Order of Punjab and Haryana High Court in Criminal Revision

Legal Issues

  1. 1 Whether the Probation of Offenders Act, 1958 applies to offenders below 21 years convicted under the Prevention of Food Adulteration Act, 1954, where a minimum sentence of imprisonment and fine is prescribed

Ratio Decidendi

The Probation of Offenders Act, 1958, by virtue of its non-obstante clause, applies to persons under 21 years of age convicted under the Prevention of Food Adulteration Act, 1954, notwithstanding the minimum sentence prescribed; such young offenders should be given the benefit of probation unless the court records reasons to deny it.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Order of the trial magistrate restored