The benefit of reduced punishment under a new Act can be granted to an accused even if the offence was committed under the old Act.

1. By the present appeal, State seeks setting aside of order dated 4th November, 2016 passed by the learned Additional Sessions Judge whereby the conviction for the offences punishable under Section 2(ia) (a) (b) (j) and (m) of Prevention of Food Adulteration Act, 1954 (in short ‘PFA Act’) read with Rules 23, 28 and 29 of Prevention of Food Adulteration Rules, 1955 (in short ‘PFA Rules’) punishable under Section 16(1A) of PFA Act was upheld. However, the sentence was reduced to the period till the rising of the Court and he was directed a fine of Rs.35,000/- in default whereof to undergo simple imprisonment for a period of 15 days.

2. Brief facts of the present case are that the respondent was running an establishment namely M/s. Satish Store at H.No. 37, Nangli Rajapur, Near Sarai Kale Khan Bus Stand, New Delhi. On 24th July, 2006 at around 5:30 P.M., Food Inspector C.B. Bhoora visited the said shop and purchased 1500 grams of "Dal Arhar" for the purpose of analysis under the PFA Act. Sample was sent to Public Analyst and as per the report, the sample was adulterated with synthetic colouring matter viz. tartrazine. Charge was framed. After trial, the respondent was convicted for the offences defined under Section 2(ia) (a) (b) (j) and (m) of PFA Act read with Rules 23, 28 and 29 of PFA Rules and punishable under Section 16(1A) of PFA Act vide judgment dated 10th August, 2015. Vide order on sentence dated 22nd August, 2015, he was directed to undergo simple imprisonment for a period of 18 months and to pay a fine of Rs.10,000/- in default whereof to undergo simple imprisonment for a period of 30 days for the offence punishable under Section 16(1A) of PFA Act. Assailing the conviction, appeal was filed which was disposed of vide impugned order dated 4th November, 2016. Hence, the present appeal.

3. Learned APP for the State contends that the date of offence committed by the respondent was 24th July, 2006. The respondent has been convicted for offence punishable under Section 16(1A) of the PFA Act. Even on appeal the conviction of the appellant has been set aside. However, he has been awarded sentence of imprisonment till the rising of the Court instead of 18 months as awarded by the learned Trial Court and to pay a fine of Rs.35,000/- and in default whereof to undergo simple imprisonment for 15 days. Learned APP for the State contends that on the date when the alleged offence was committed the PFA Act prescribed a minimum sentence of one year imprisonment and hence the Appellate Court could not have granted the sentence less than the minimum prescribed.

4. Section 16 (1A) of the PFA Act reads as under:

“Inserted by Act 34 of 1976, S.12 (W.e.f.1-4-1976) [(1A) If any person whether by himself or by any other person on his behalf, imports into India or manufactures for sale, or stores, sells or distributes,—

(i) any article of food which is adulterated within the meaning of any of the sub-clauses (e) to (l) (both inclusive) of clause (ia) of section 2; or

(ii) any adulterant which is injurious to health, he shall, in addition to the penalty to which he may be liable under the provisions of section 6, be punishable with imprisonment for a term which shall not be less than one year but which may extend to six years and with fine which shall not be less than two thousand rupees:

Provided that if such article of food or adulterant when consumed by any person is likely to cause his death or is likely to cause such harm on his body as would amount to grievous hurt within the meaning of section 320 of the Indian Penal Code (45 of 1860), he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to term of life and with fine which shall not be less than five thousand rupees.]”

5. The appellant was convicted and sentenced on 10th August, 2015 and 22nd August, 2015, when the PFA Act stood repealed and Food Safety and Standards Act (in short ‘FSSA Act’) was into force. Section 59 (i) o