A PERSON UNDER 21 YEARS OF AGE CONVICTED UNDER THE DRUGS AND COSMETICS ACT, 1940 SHOULD BE GRANTED PROBATION UNLESS THERE ARE REASONS TO THE CONTRARY.

S.S.Grewal, J.

1. Kanwaljit Singh petitioner was convicted under Section 27(ii) of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the Act) for commission of an offence under Section 1(a)(c) of the Act. He was sentenced to rigorous imprisonment for two years and to pay fine of Rs. 2,000/-. In default of payment of fine, he was further ordered to undergo rigorous imprisonment for six months by the Additional Chief Judicial Magistrate, Amritsar vide order dated April 29, 1987. Appeal filed against the order of conviction was dismissed except, that the sentence of imprisonment was reduced from two years rigorous imprisonment to one and, a half years rigorous imprisonment. Aggrieved against the order of conviction and sentence passed by the Courts below, Kanwaljit Singh Petitioner had filed this revision which was admitted only regarding the question of sentence to the awarded.

2. In brief, facts relevant for the disposal of this case, are that on July, 16, 1979,. Harbhajan Singh Drugs Inspector, Amritsar, conducted raid at the premises situated at village Bhakna Kalan. Prem Nath Pambani (since acquitted) was running a medical clinic at that village with the help of Kanwaljit Singh petitioner. Drugs of various types including paracetamol were found at the said clinic and they had been stocked for sale. The petitioner did not possess any licence for keeping those medicines nor he was a registered medical practitioner. After completing legal formalities, Drugs Inspector Harbhajan Singh drew a sample of 88 tablets of paracetamol for the purpose of analysis. Besides, some other drugs were also seized.

3. On behalf of the petitioner, it has rightly been submitted that the petitioner is below 21 years of age and may be released on probation of good conduct inasmuch as he is not a previous convict. Reliance in this respect has been placed on the authority in case Satyabhan Kishore and another v. The State of Bihar, AIR 1972 Supreme Court 1554 wherein it was observed that whenever a person under 21 years of age is found guilty of an offence punishable with imprisonment but not with imprisonment for life. Section 6 of the Probation of Offenders Act, 1958 lays down an injunction not to impose a sentence of imprisonment upon such an offender unless for reasons to be recorded by it, the Court finds it undesirable to proceed with him under Section 3 or Section 4 of the Probation of Offenders Act, 1958.

4. In the instant case, the learned trial Court merely refused to grant the benefit, of probation to the offender on the ground that offences under the Act which were likely to prove dangerous to the lives of patients who get treatment at the hands of such quacks, should be curbed with a heavy hand. It is pertinent to note that the learned trial Court has not taken into consideration either the age or the previous antecedents, or the character, of the offender, nor the trial Court called the report of the District Probation Officer as contemplated under subsection (2) of section 6 of the Probation of Offenders Act.

5. On behalf Of the State it was mainly contended that since the minimum sentence has been prescribed for commission of offences under the Act, the benefit of probation may not be granted to the petitioner, Such a plea was considered by their Lordships of the Supreme Court in Ishar Das v. The State of Punjab, AIR Supreme Court 1295 and it was observed that as regards persons under 21 years of age, however, the policy of the law appears to be that such a person in-spite of his conviction under the Prevention of Food Adulteration Act, should not be deprived of the advantage of Promotion of Offenders Act which is a beneficent measure and reflects and incorporates the modern approach and latest trend in penology.

6. Reliance on behalf of the State has also been placed or the authority in case Yaduraj Singh and bothers v. State of U P., AIR 1977 Supreme Court 698 wherein it was observed that there being no reliable ev