High Court Karnataka High Court

Rafiq S/O Bashasab Surangi vs The State Of Karnataka on 15 April, 2008

Karnataka High Court
Rafiq S/O Bashasab Surangi vs The State Of Karnataka on 15 April, 2008
Author: R.B.Naik
IN THE HIGH COURT OF KARNATAKA, BANGALORE

DATED THIS THE 15TH DAY OF APRiL'-§Q€i8:A.V
BEFORE E i   it  '
THE HOI'~1"i3LE MR. duff?-IeEE.sd'jjj*'A: ~ _

CRIMINAL REVISION PETITIQI-isdi«os.149is   
BETWEEN it A     i it

Rafiq, _  
S/o Bashasab Surarigi, 
Age: M 'or,  ~ - r
Resident of Hangal, _

Now R/'at La_xm_eshwar,-   1  

Talukz Sifiraiiialtii.  =:    -7=..:_...§Petitioner

{By Sri. }{a,,M~ai_'sj Dan'_1ofisr," Advocate}

The State of 'I{arnafa1:.a"," 

At the ifis_tai*1ee.of ' V 

Dmg _Inspeet_or," V

 Dist1iet,...Hubli. : Respondent

' .:.V'(ByA  ivztiriisald K. Navalgimath, HCGP.,)

V   Revision Petition is filed under Section
397 v~._'Cr-.P'. C. praying to set aside the Judgment and

sentence passed by the Sessions Judge, Haveri, in

 is Q;-1.A;No.24/2005 dated 3-3-2005 and Judgment and
 ,_sei_1tence of the C.J. (Sr.Dr1.) 85 JMFC., Hangal in
 e.c.No.274_/2002 dated 13-3-2005.

This petition coming on for hearing, this d*y ti?
Court, made the following:
V
'£'Q'L"LU-Qt'/L,



 sentence is confirmed in (1'Ti.A.I

dated 3-8-2005.

ORDER

The petitioner] accused has made
d . .

eci.rIs4c_n 11

under Sections 18(c) R/wk S_ectio’11.._V.”27(b)(fi}V-do

Cosmetics Act, 1940 ( fOI;H0St:1′(3!’_1x2, Act’) and

sentenced to underv §.5′:’R5I~’,V:t’o1j p.e1§iod_»of one year and to
of four _’._._i”1ev:’: isi for an ofimce
punishable. IV’/W Sec.28 of Drugs Act
and fine of Rs.1,000/- in default to
…u._..r _o: and he is further convicted for

an-3;pi”fence pme.”t_’f_i”-“bl” Wider Seen 1

‘ Viethe and is sentence to undergo RI for one year

0 * end to fine of Rs. 1,0001- in default to: undergo 3.1

fof tnonths by judgment dated 18–34005 passed in

1’ 11¢: Probation

2.The petitioner submits that he is a f1rsta”:ofI’endcr;
that there is no other criminal case pending:

and tho.

-concurrently. He regrets for the conduct for wh.ich’—-, ]

he has been charged; that Qresentiy’ he
in an ice factory in Lakshmeshwar, is owned by his
father and he hasg.4_._Rabar:1don5edV.jjthe job of dispensing

f\’I”‘Il” 1″Ii’Il:\ 1’I’IU

Jiigfisixud u.u.u 11 ea {Gnu
minor Chi1f1–Ft31’ER1_1Q hls father who is aged 78
years 68, are also dependent

upon him aI’i:l:’v-..r1one to take care of the family

2.____’I___’|_.._ _ _
L110 133 15

‘ Vlthat ‘ysould keep good behaviour as directed by this

ii into account the averments made in the

it ‘ap–o1ication and also the decision rendered in the case of

Union of main Vs. Krishanpal Singh and another (1979

I
j3_,rQ_1L_A_Dlvn_n; V

posed. a, to

Crl.L.J.407); and as the petitioner/aceused first

offender, I feel that the benefit of Section

could be extended to the petitioner/.ae_eL1ee§f1:’

eondiuene. Henm, the fe}1″‘w”ii1g: A

The revision petition ‘The order of
conviction for the ~ he is charged are

confirmed; The sentence.’ –inip.)eed fer me offences for

which he qeei’ iaeide and in lieu the
Detitioner–e..i.e- on probation on he
exeeetiegeieeeeereeiRe.25e,ooo/– with one surety in like
sum Vigood behavior for a period -f _11e

grew’ and ieimier undertaliin” t” und”1′-“” us sen enee

–by~–the trial Court in the event of any breach of

of the bond. The bond shall be executed

“period of one month from today.

uuHSbb/-