Arun Kumar Bhattacharya, JJ.

( 1 ) IN this application the petitioner has prayed for his release on probation under Secti )n 4 of the Probation of Offenders Act, 1958.

( 2 ) THE petitioner was convicted under Section 7 (1) (a) (ii) of Act X/55 for violation of the provisions of para 3 (1) of the West Bengal Pulses, Edible Oilseeds and Edible Oils (Dealer's Licensing) Order, 1978 and para 3 (2) of the West bengal Dec aration of Stocks and Prices of Essential Commodities Order, 1977 and sentent ed to suffer R. I. for one year and to pay fine of Rs. 1,000/- i. d. to r. I. for three months, by the learned Judge, Special Court (E. C. Act), Nadia on 17. 05. 88. In appeal being C. R. A. No. 229 of 1988 this Court upheld the order of convictioin on 22. 03. 2006, but on the submission of the learned Counsel for the appellant that it is his first offence and considering the age, reduced the sentence of substantive imprisonment to the minimum of R. I. for three months, sentence of fine being unaltered.

( 3 ) MR. Sanyal, learned Counsel for the petitioner, on referring the provisions of Sections 235 (2), 248 (2) and 255 (2) as also Sections 360 and 361 Cr. P. C. contended that dealing with a

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