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2024 (4) TMI 954 - SC - Indian LawsFood Safety and Standards - Inadequate labeling - Misbranding - Adulteration of foods or not - sugar boiled confectionaries - packets did not show the prescribed particulars such as complete address of the manufacturer and the date of manufacturing - violation of Rule 32(c) and (f) of the Prevention of Food Adulteration Rules, 1955. 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 provisions were not related to misbranding and were regarding something else. HELD THAT:- The Prevention of Food Adulteration Act, 1954 was repealed by the introduction of the Food Safety and Standards Act, 2006 where Section 52 provides a maximum penalty of Rs. 3,00,000/- for misbranded food. There is no provision for imprisonment. Whether the Appellant can be granted the benefit of the new legislation and be awarded a lesser punishment as is presently prescribed under the new law? This Court in T. Barai v. Henry Ah Hoe [1982 (12) TMI 186 - SUPREME COURT], had held that when an amendment is beneficial to the Accused it can be applied even to cases pending in Courts where such a provision did not exist at the time of the commission of offence. The present Appellant No. 2, at this stage, is about 60 years of age and the crime itself is of the year 2000, and twenty- four years have elapsed since the commission of the crime. Vide Order dated 06.08.2018, this Court had granted exemption from surrendering to Appellant No. 2. Considering all aspects, more particularly the nature of offence, though the findings of the Courts below regarding the offence is upheld, but the sentence of Appellant No. 2 from three months of simple imprisonment along with fine of Rs. 1,000/- is convertred to a fine of Rs. 50,000/-. The sentence of Appellant No. 1 which is for a fine of Rs. 2000/- is upheld. The appeal is partly allowed.
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