When any person is found guilty of having committed an offence punishable under section 379 or section 380 or section 381 or section 404 or section 420 of the Indian Penal Code 45 of 1860. A separate recovery memo was prepared, vide which the equipment of the working Still and 175 kg of Lahan raw material used for preparing the illicit liquor were taken into possession. In its application to the State of Gujarat, Section 13 renumber the existing Explanation. The question which arises for determination is whether despite the fact that a minimum sentence of imprisonment for a term of six months and a fine of rupees one thousand has been prescribed by the legislature for a person found guilty of the offence under the Prevention of Food Adulteration Act, the court can resort to the provisions of the Probation of Offenders Act. Relevant factors to be taken into consideration.
If the court which passes an order under section 4 in respect of an offender or any court which could have dealt with the offender in respect of his original offence has reason to believe, on the report of a probation officer or otherwise, that the offender has failed to observe any of the conditions of the bond or bonds entered into by him, it may issue a warrant for his arrest or may, if it thinks fit, issue a summons to him and his sureties, if any, requiring him or them to attend before it at such time as may be specified in the summons. The Tribunal rejected his claim for re-instatement and other benefits taking note of the fact that appellant was given an opportunity by the Management to show cause as to why he should not be dismissed from service. This view finds support in the decision of the Rajasthan High Court in Suja v. It is a scientific approach. In fact, in that case, this Court came to the conclusion that in spite of the fact that the benefit of the provisions of Act, 1958 had been granted by the Criminal Court, disciplinary proceedings could be initiated against the employee.
Appellant was tried for the said offence. The appeal deserves to be allowed and the Judgment and Order of the High Court as well as the Award of the Tribunal are liable to be set aside. Ashok Kumar Dogra vs The State N. The learned counsel for the appellant submitted that the sentence is very severe on the ground that only one single sale has been established in this case and also only three packets of cards were recovered from the accused. Section 562 of the Code not to apply in certain areas. Section -7 Report of probation officer to be confidential.
It also provides liberty to State Governments to bring the Act into force on different dates in different parts of that State. The appellate court granted him the benefit of Act, 1958. Power of Court to release certain offenders on probation of good conduct 5. Restrictions on imprisonment of offenders under twenty-one years of age 7. Imprisonment decreases his capacity to readjust to the normal society after the release and association with professional delinquents often has undesired effects.
The Court should call for a report from the Probation Officer to satisfy itself whether it is desirable to apply the beneficial provisions contained in Section 3 and 4 of the Act or whether the accused should be dealt with in the normal course by passing a sentence of imprisonment against him. Notwithstanding anything hereinbefore contained, the court which passes an order under section 4 in respect of an offender may, if it is satisfied on an application made by the probation officer, that the conduct of the offender has been such as to make it unnecessary that he should be kept any longer under supervision, discharge the bond or bonds entered into by him. It is also proposed to empower Courts to release on probation, in all suitable cases, an offender found guilty of having committed an offence not punishable with death or imprisonment for life. Report of probation officer to be confidential 8. Govern- ment ; or 738 b a person provided for this purpose by a society recognised in this behalf by the State Government; or c in any exceptional case, any other person who, in the opinion of the court, is fit to act as a probation officer in the special circumstances of the case. Section -14 Duties of probation officers. The court making a supervision order under sub-section 3 shall require the offender, before he is released, to enter into a bond, with or without sureties, to observe the conditions specified in such order and such additional conditions with respect to residence, abstention from intoxicants or any other matter as the court may, having regard to the particular circumstances, consider fit to impose for preventing a repetition of the same offence or a commission of other offences by the offender.
It must be stated that the provisions of the Probation of Offenders Act are not confined to juveniles alone, but extend to adults also. Report of probation officer to be confidential. . When an order under sub-section 1 is made, the court may, if it is of opinion that in the interests of the offender and of the public it is expedient so to do, in addition pass a supervision order directing that the offender shall remain under the supervision of a probation officer named in the order during such period, not being less than one year, as may be specified therein, and may in such supervision order, impose such conditions as it deems necessary for the due supervision of the offender. Amended in Maharashtra by Mah.
Saving of operation of certain enactments 19. Power of court to release certain offenders after admonition. Removal of disqualification attaching to conviction 13. Being aggrieved, the appellant raised an industrial dispute under the Industrial Disputes Act, 1947 and the matter was referred to the Tribunal. Being aggrieved, the appellant challenged the said award of the Tribunal by filing the writ petition No. Later in 1934, the Government of India informed Provincial Governments that there was no prospect of Central legislation being undertaken at the time and there would be no objection to the Provinces undertaking such legislation themselves.
He asked where her husband has gone. It applies to all kinds of offences, whether under or above twenty one years of age. When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, as the court may direct, and in the meantime to keep the peace and be of good behaviour: Provided that the court shall not direct such release of an offender unless it is satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond. Even in States where there are probation laws, they are not uniform nor are they adequate to meet the present requirements. Section 8 of the General Clauses Act, 1897: 8. Hence it must be given the ordinary meaning. Probation officers to be public servants 16.