RANCHHODBHAI KESHAVLAL KADIA Vs. DAMODAR VELJIBHAI MISTRY

JUDGEMENT

(1.) Despite innumerable built in checks against the conviction and sentence of offenders of food adulteration and despite meticulously woven safeguards providing for the easy escape on technical grounds if an offender is convicted for ah offence of food adulteration and if he is ordered to undergo sentence of RIGOROUS IMPRISONMENT instead of simple imprisonment heavens may fall and probably the social equilibrium may be disturbed. ed. This appears to be the underlying approach of the lower courts when they have preferred to impose sentence of simple imprisonment on the accused convicted of an offence of food adulteration. Such soft attitude is not permissible in view of the clear cut legislative mandate and the pronouncements by the Supreme Court.

(2.) The petitioner of Criminal Revision Application No. 670 of 1978 is the original accused of Criminal Case no. 36 of 1977 of Metropolitan Magistrate (6th Court) Ahmedabad. He was charged for the offence under sec. 16(1)(a)(i) read with sec. 7(1) of the Prevention of Food Adulteration Act and was convicted for the aforesaid offence and ordered to undergo simple imprisonment for a period of six months and to pay a fine of Rs 1 0 in default of payment of fine to suffer further simple imprisonment for the period of four months. It was alleged that he sold the cow milk to the Food Inspector which was not as per the prescribed standard and therefore it was adulterated. It was found that the sample contained 5% milk fat and 7.6% milk solid non-fat and that there was addition of water to the extent of 10 This was confirmed by detection of nitrates.

(3.) The complaint was filed on the ground of deficiency in the required percentage of milk solid non-fat which was less by 0.9% and on the ground of addition of water to the extent of 10%. After examination of the witnesses and after hearing the parties the learned Magistrate passed an order of conviction and sentence as stated above as per his order dated 13/09/1977 The petitioner-original accused preferred Criminal Appeal No. 255 of 1977 in the Court of City Sessions Judge Ahmedabad. The learned City Sessions Judge who heard the appeal confirmed the finding of conviction given by the learned Magistrate but in his opinion the proviso to sec. 16(1) of the Act was attracted because he considered that the milk was primary food and therefore for adequate and sufficient reasons the sentence less than minimum of six months could be imposed and he reduced the sentence of six months to the simple imprisonment of three months and fine of Rs. 1 0 to Rs. 1 500 and in default of payment of line it was ordered that the accused should undergo further S. I. for fifteen days. The learned City Sessions Judge delivered his judgment and order on 23/10/1978 Criminal Revision Application No. 670 of 1978 has been filed by the petitioner- accused while Criminal Revision Application No. 37 of 1979 has been filed by the original complainant the Food Inspector challenging the order of reduction of sentence passed by the learned City Sessions Judge and prayed for enhancement of sentence.