VIJAY KUMAR v. STATE OF PUNJAB
Citation: [1974] 2 S.C.R. 701; 1973 INSC 244
Court: Supreme Court of India
Bench: M. HAMEEDULLAH BEG , Y.V. CHANDRACHUD
Judgment date:
Case summary
1973 INSC 244. Supreme Court of India judgment dated 1973-12-14. VIJAY KUMAR v. STATE OF PUNJAB. Read the judgment and case details on LawSphereX.
Judgment text
A B c I) . E F G VIJAY KUMAR I'.. STATE OF PUNJAB L>en•mber 14, 1973 [M. H. BEG A1'D Y. V. CHANDRACHUD, 11. ] 701 _ Pr~1·er11io11 of f'ood Adulter11tio11 A t111a' sold b,v the appella11t was i11sect·i11/ested anti ro11tai11ed les. r tl1P11 Jiit• rrquirttJ. per ( I )(a)(i) of the Frevention of Food Adulteration Act 1954. On appeal, the sessions court confirn1ed the ·conviction and sentence and tho High Court ~ummarity disn1~ssed th~ appeal therefrom. In this Court, the fonOwing points were ur&ed : (i). On the date when tile FC*. l lnspector took the sample, ~neither the Act nor the Rules thereunder h:id prescribed . any standard for the Purity of 'Elacbi Dana' and therefore, defi- ciency in the. volatile oil content could not attract penal consequences. (ii) One of the prosecution witnesses admitted in his evidence that the stock of 'Elachi · D sentence has been confirmed bv the Sessions · Court and the High Court. We see no justification for interfering therewith.
Besides, the article beine insect-infested. Wis within the definition contained in section 2(i) (f) of the Act and therefore the first clause of the proviso to section 16 of the Act. tmder which the Court can ·impose a sentence less than the minimum prescribed, has no application. The second clause of the proviso has also no application as the ·offence falls under section 16(1 )(a)(i) and not under section 16(1 )(a)(ii) of the . Act. For these reasons we COI! fum the order of conviction and sentence and dismiss the aooeal. · s. c. Appeal dismissed 5-L748Sup,CI/74
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