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Supreme Court of India 2024-03-07 partly_allowed

M/S A.K. SARKAR & CO. & ANR vs THE STATE OF WEST BENGAL & ORS

Bench: 2 — Sudhanshu Dhulia, Prasanna B. Varale

In Brief

The appellant, a food shop owner, was convicted in 2000 for selling misbranded sugar confectionery (lacking manufacturer address and manufacturing date on packets) under the Prevention of Food Adulteration Act. The Trial and Appellate Courts sentenced him to 3 months imprisonment and a fine. The Supreme Court upheld the conviction but converted the sentence to a fine of Rs. 50,000, holding that while Article 20(1) forbids imposing greater punishment than that applicable at the time of the offence, it permits imposing lesser punishment. The Court applied the Food Safety and Standards Act, 2006—which replaced the 1954 Act and prescribes only fines (no imprisonment) for misbranded food—to benefit the aged appellant after 24 years.

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Food Safety and Standards Criminal Law Constitutional Law Sentencing Retroactive Legislation Punishment and Penalty

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