Madhya Pradesh High Court has directed the trial court to impose minimum sentence specified in the Statute in offences of grave socio-economic crime where a person for his or her benefit sell adulterated items that have adverse effect on human health.
The court upheld the conviction of a person convicted for selling sub-standard groundnut oil.
The applicant filed revision challenging his conviction under section 16(1)(A-1) of the Food Adulteration Act wherein he was sentenced to undergo rigorous imprisonment for six months with fine of Rs.1000.
The fact of the case is that on 24.12.86 the food inspector took a sample of groundnut oil from the applicant’s shop. The applicant preferred criminal revision in year 2002.
The FSL report confirmed the oil was below standard and adulterated.
Justice Anjuli Palo said “Where the criminals like the applicant continuously without any hesitation go on selling sub-standard goods with the sole purpose of gaining unlawfully at the cost of the nation. Such crime should not be lightly taken up”.
“When the Statute specifically provide for imposition of minimum sentence for an offence, the courts must impose the minimum sentence for that offence which is grave socio-economic crime for his personal ill-gotten benefit with the backing of the country’s health”, the court said.
Read the Judgment Here