A bench of Justice Sinha and Justice Khanna in the case titled as TRILOK CHAND vs STATE OF HIMACHAL PRADESH on 01.10.2019 has observed that beneficial amendment can be applied to pending cases also.
The appellant assails his conviction under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (for short “the Act”) sentencing him to three months’ imprisonment along with fine of Rs.500/-.
The Food Inspector had visited the shop of the appellant and purchased three packets of rewari weighing 3 x 700 gms each on payment of Rs.60/- for which receipt was granted.
The necessary formalities were thereafter complied with by the Food Inspector. The sample along with Form VI was sent to the public analyst who opined that the product was misbranded within the meaning of Section 2(ix)(k) punishable under the Act. Appellant was convicted upon a trial and his conviction was maintained even upto High Court.
When the matter reached the Supreme Court it rduced the sentence observing as under:
"We have considered the respective submissions. In Criminal Appeal No.214 of 2006, this Court relied on a decision in T. Barai Vs. Henry Ah Hoe and Another [(1983) 1 SCC 177] wherein it was opined that since the amendment was beneficial to the accused persons, it could be applied with respect to earlier cases as well which are pending in the Court.....
In view of the same, the present appeal is allowed in part and the sentence imposed upon the appellant is modified by imposing a fine of Rs.5,000/- only, which shall be deposited within 30 days before the Trial Court. On deposit of the amount, the bail bonds of the appellant shall stand discharged".
Read the Order here:
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