GURUDINO BALOMAL SUGANDHI Vs. VIMALKANT KANCHANALAL TAILOR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 15/11/2013 passed by the learned 2nd (Acting) Additional Sessions Judge, Navsari in Criminal Appeal No.40/2000 by which the learned appellate Court has rejected the said Appeal and has confirmed the judgment and order of conviction and sentence passed by the learned trial Court vide judgment and order dated 10/04/2001 in Criminal Case No.11722/1999 by which the learned trial Court convicted the original accused under Sections 7(1) and 16(1) (a) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and sentenced the original accused to undergo one year Simple Imprisonment with fine of Rs.5000/- and in default to undergo one month Simple Imprisonment, original accused have preferred the present Criminal Revision Application.

(2.) It is not in dispute that charge against the petitioners original accused was only of sub standardization of the goods.

(3.) Shri Amit V. Thakkar, learned advocate appearing on behalf of the petitioners has submitted that though all the accused have some case even on merits, he would be giving up the plea on merits and his only submission is about sentence imposed by the Courts below. He has requested to consider the subsequent amendment in the Act by the Central Amendment Act whereby Sections 51 and 52 have been added and under the said Sections, only fine is to be imposed. Therefore, he has requested to maintain conviction but modify the sentence and impose fine only.