- (1.) The applicant was earlier convicted under the provisions of Food Adulteration Act, 1954 (for short the Act of 1954) by JMFC Badnawr vide judgment dated 26.10.2017 passed in Criminal Case No.632/2010 and sentenced to six-six months RI with fine of Rs.1000/- -1000/- for committing offences under Section 16(A)(A-1) of the Act of 1954 for misbranding and adulteration. The conviction and sentences thus imposed were affirmed in Criminal Appeal No.42/2017 vide judgment dated 27.04.2019 by ASJ, Dhar. The provisions under which the conviction has been affirmed are Section 7(2) read with Section 16(A)(A-1) of the Act of 1954. Against the impugned order of appellate Court, this criminal revision has been filed.
(2.) During the course of submission, learned counsel for the applicant has cited the judgment of Apex Court in the case of Nemi Chand vs State of Rajasthan (2016) 2 AICLR 479 in which it has been considered that Food Adulteration Act, 1954 has been replaced with Food Safety and Standards Act, 2006 and later Act seeks to provide benefit to the accused persons inasmuch as the jail sentence is not provided therein and such beneficial registration can be applied with retrospective effect. In the Apex Court judgment, the accused-Nemi Chand/appellant was convicted under Section 7/16 of the Act of 1954 for committing offence of misbranding and was sentenced to undergo six months RI with fine of Rs.1000/- with default imprisonment sentence.
(3.) The Apex Court while considering the beneficial legislation as promulgated at a later date afforded the benefit the new legislation imposing penalty of Rs.50,000/- to the accused/applicant. Learned counsel for the applicant seeks equivalent treatment to the applicant in support of the case in hand. Considered.;