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M.K. Ananda Rao Vs. State of Andhra Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal;Food Adulteration
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 133 of 1972
Judge
Reported inAIR1979SC701; 1979CriLJ644; (1979)3SCC573
ActsPrevention of Food Adulteration Act - Sections 2(1), 7 and 16(1)(a); Prevention of Food Adulteration Rule, 1954 - Rule 46
AppellantM.K. Ananda Rao
RespondentState of Andhra Pradesh
Excerpt:
criminal - food adulteration - sections 2 (1), 7 and 16 (1) and rule 46 of prevention of food adulteration act, 1954 - appellant convicted for offence under sections 16 (1) (a), 7, 2 (1) and rule 46 - appeal against conviction before supreme court - judgment and order of high court found according to law - fine of rs. 500 imposed as period of imprisonment had already been undergone by appellant - appellant to undergo simple imprisonment if he fails to pay fine imposed. - .....with sections 7 and 2(1) of the prevention of food adulteration act read with rule 46 of the rules made under the said act, in respect of the sale of 450 grams of ghee to the food inspector, is concerned. however, taking into consideration all the facts and circumstances of the case, we think that the period of imprisonment already undergone by the appellant and fine of rs. 500 will meet the ends of justice. in default of the payment of fine, the appellant shall undergo simple imprisonment for a period of six months as ordered by the high court. with this modification in sentence, the appeal is disposed of.
Judgment:

Jaswant Singh, J.

1. Having heard counsel for the parties and given our thoughtful consideration to the submissions made by them, we do not think that any interference with the judgment and order of the High Court is called on for in so far as the conviction of the appellant for the offence under Section 16(1)(a) read with Sections 7 and 2(1) of the Prevention of Food Adulteration Act read with Rule 46 of the Rules made under the said Act, in respect of the sale of 450 grams of ghee to the Food Inspector, is concerned. However, taking into consideration all the facts and circumstances of the case, we think that the period of imprisonment already undergone by the appellant and fine of Rs. 500 will meet the ends of justice. In default of the payment of fine, the appellant shall undergo simple imprisonment for a period of six months as ordered by the High Court. With this modification in sentence, the appeal is disposed of.


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