Deciding Authority: Supreme Court of India
Name of the Judges: Justice Altamas Kabir, Justice Cyriac Joseph
Date of Judgement: 5 April 2010
Facts of the Case: The Appellant was running a grocery shop near the Roadways Bus Stand in Roorkee, District Saharanpur. The Respondent No.2 was a Food Inspector in Nagar Palika, Roorkee, who went to the Appellant’s shop on the aforesaid date and found the Appellant selling and exhibiting mustard oil for sale. The Respondent No.2 had purchased 375 grams of mustard oil from the Appellant and obtained a receipt from him. Subsequently, on the report of the Central Food Laboratory, Kolkata, the Appellant was charged under Section 7(1) read with Section 2(1)(m) of the aforesaid Act and on being convicted by the Special Judicial Magistrate (Economic Offences), Roorkee, he was sentenced to one year’s rigorous imprisonment and a fine of Rs.2,000/-, and in default of payment of such fine, to undergo rigorous imprisonment for a further period of six months. The Appellant then preferred an appeal against the said order of the learned Magistrate before the IVth Additional District & Sessions Judge, Saharanpur, which was dismissed on 7th January, 1988. Aggrieved by the said order of the learned Additional District & Sessions Judge, the Appellant filed a revision petition before the Allahabad High Court in 2004. Upon bifurcation of the State, the said revision petition stood transferred to the Uttranchal High Court and was dismissed on 23rd March, 2006. The said order of dismissal of the revision petition filed by the Appellant was the subject matter of the present Appeal.
Judgement: After hearing learned counsel for the parties and having regard to the fact that the incident had taken place almost 27 years ago and the Appellant was now more than 70 years of age, suffering from several medical ailments, the court was convinced to reduce the sentence of the Appellant.
Decision: While maintaining the conviction of the Appellant, his sentence was reduced to the period already undergone.
By: Roopali Mohan, 2nd Year, Vivekananda Institute of Professional Studies, New Delhi