STATE OF GUJARAT Vs. RAMANLAL VITHALDAS

JUDGEMENT

(1.) [ The Hon'ble Court after narrating the facts of the case further observed: ]

(2.) At the outset it is necessary to lay down with precision and accuracy the approach of the Court while dealing with the offences under the Prevention of Food Adulteration Act 1954 Prior to its amendment in the year 1964 Parliament provided different sentences for the first offence second offence and those who committed third and subsequent offences. By the Amending Act 49 of 1964 sec. 16 which is a punishing section which had recognised different sentences to be awarded for the first offence second offence or subsequent offences has been substantially amended. The material portion of section 16 as amended in 1964 by Amending Act 49 of 1964 reads as under :

(3.) One can look upon with equanimity some time compassion some time indulgence some time even sympathy in case of an individual who causes harm to another fellow may be out of lust vengeance or even personal revenge. But this sophisticated fellow who carried on something in the name of trade may be a petty trader sells article of food which is adulterated does something for his personal gain remaining completely oblivious to the health and well being of every one who deals with him.