2024 INSC 186
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.__________ of 2024
SPECIAL LEAVE PETITION (CRIMINAL) NO.6095 of 2018
M/S A.K. SARKAR & CO. & ANR. ...APPELLANTS
VERSUS
THE STATE OF WEST BENGAL & ORS. …RESPONDENTS
SUDHANSHU DHULIA, J.
Leave granted.
2.
The present appeal arises out of a proceeding under the
Prevention of Food Adulteration Act, 1954 (for short ‘the Act’)
where the present appellant no.1, its partners appellant no.2
and Amit Kumar Sarkar, were charged under Section
16(1)(a)(i) read with Section 7 of the Act and were convicted
by the Trial court. Appellant no.2 and Amit Kumar Sarkar
were sentenced to undergo simple imprisonment for a period
of six months along with a fine of Rs.1,000/- each, whereas
appellant no.1 was directed to pay a fine of Rs.2,000/-.
Digitally signed by
Deepak Singh
Date: 2024.03.07
17:45:42 IST
Reason:
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3.
The appeal of the appellants against the order of conviction
and sentence by the Trial Court was dismissed by the
District and Sessions Judge but the conviction of Amit
Kumar Sarkar, the third accused in the case, was set aside
and he was acquitted. In Revision proceedings, the High
Court of Calcutta though upheld the concurrent findings of
conviction but reduced the sentence of appellant no.2 from
6 months to 3 months simple imprisonment.
4.
Brief facts leading to this appeal are that on 06.12.2000, a
food inspector while inspecting the shop/godown of the
appellants at 71, Biplabi Rash Behari Basu Road, Calcutta
took samples of some sugar boiled confectionaries, which
were kept for sale and for human consumption. After
payment, the food inspector purchased 1500 grams of sugar
boiled confectionery contained in three packets of 500 grams
each, and as per due process sent the samples for
examination in a laboratory. The public analysis/Lab report
shows that the food articles were not adulterated, but it said
that the packets did not show the prescribed particulars
such as complete address of the manufacturer and the date
of manufacturing. Thus, there was violation of Rule 32(c)
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and (f) of the Prevention of Food Adulteration Rules, 1955
(for short ‘Rules’). In view of these findings, the inspector
filed a complaint before the Trial Court under Section
16(1)(a)(i) read with Section 7 of the Act.
5.
The plea of the appellants before the Trial Court was that
they had not manufactured the food articles, instead Bose
Confectionary, Calcutta had manufactured these items. All
the same, the appellants could not show any valid proof of
their contention and thus, the Trial Court and the Appellate
Court (as well as the Revisional Court) did not accept this
contention raised by the appellants. The appellant stood
convicted of the offence under Section 16(1)(a)(i) read with
Section 7 of the Act and appellant no.2 was sentenced to
undergo 3 months simple imprisonment along with fine.
While appellant no.1 was sentenced to pay a fine of
Rs.2,000/-.
6.
Before this Court, learned Counsel for the appellants would
argue that the entire case of the prosecution is liable to be
dismissed for the simple reason that the appellants were
charged under Rule 32 (c) and (f) of the Rules but these
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provisions were not related to misbranding and were
regarding something else.
7.
All the same, this contention is totally misconceived
inasmuch on the date of occurrence i.e., 06.12.2000 when
the samples were taken, the provisions which were
applicable were Rule 32 (c) and (f) only (as the Rules had
been amended vide G.S.R 422(E) dated 29.04.1987), and
Rule 32 as per the Gazette Notification reads as under :-
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appellants were
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