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2019 (10) TMI 1586 - SC - Indian LawsChallenge to conviction Under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 - sentence of three months' imprisonment along with fine of Rs. 500/- - HELD THAT:- This Court relied on a decision in T. BARAI VERSUS HENRY AH HOE AND ANOTHER [1982 (12) TMI 186 - SUPREME COURT] 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 observing It is quite clear that insofar as the Central Amendment Act creates new offences or enhances punishment for a particular type of offence no person can be convicted by such ex post facto law nor can the enhanced punishment prescribed by the amendment be applicable. But insofar as the Central Amendment Act reduces the punishment for an offence punishable Under Section 16(1)(a) of the Act, there is no reason why the Accused should not have the benefit of such reduced punishment. The Rule of beneficial construction requires that even ex post facto law of such a type should be applied to mitigate the rigour of the law. 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.
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