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1972 Supreme(SC) 76

H.R.KHANNA, J.M.SHELAT
Ishar Das – Appellant
Versus
State Of Punjab – Respondent


Judgement

KHANNA, J.: Isher Das appellant was convicted by the judicial magistrate 1st class Patiala for an offence under section 7 (1) of the Prevention of Food Adulteration Act, 1954 (Act No. 37 of 1954) read with section 16 (1) (a) (i) of that Act and was ordered to furnish bond under section 4 of the Probation of Haryana High Court during the course of the inspection of the Court of trial magistrate, took the view that an improper order had been made in the above case by the magistrate. The High Court thereupon of its own motion directed that a notice be issued to the appellant. The case was thereafter posted before Bedi, J. The learned judge referred to the fact that a minimum sentence of imprisonment for a period of six months and a fine of Rs. 1,000 had been prescribed by section 16 of the Prevention of Good Adulteration Act. It was also observed that offences under the Prevention of Food Adulteration Act were against the public and called for deterrent punishment. Order was consequently made that the appellant instead of being released on his furnishing a bond, should be sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 1.000. defau
















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