G.M.LODHA, J. - (1.) THESE three are revision applications by one Ramchandra who has been convicted in all the three cases under Section 7/16 of the Prevention of Food Adulteration Act, 1954 for adulterating milk, and sentenced to six months rigorous imprisonment and a fine of Rs. 1000/ - in each case. Mr. Mehrish, learned Counsel for the petitioner has submitted that the sentence awarded to the petitioner in all the three cases may be made concurrent so that the accused may in substance undergo imprisonment for six months, instead of 1 1/2 years. No other point is being pressed.
(2.) ACCORDING to him, the accused is a petty milkman and he is supporting five persons in his family out of which two are his parents and 3 are his minor children. It is urged that the adulteration consists of addition of water in milk and extraction of fat contents, therefore, it cannot be said to be injurious to health. Having heard learned Counsel for the petitioner and the public Prosecutor, I am of the opinion that the accused is not entitled to claim any leniency in the matter of sentence, Admittedly first offence was committed in the year 1970 and he repeated it second time in 1973 and was not satisfied with it but persisted in playing with the health of society by committed the same offence third time These are the only offences detected because a milkman sells milk every day and even twice a day but the Food Inspector checks him once a while, sometimes in a year and may beat a interval of few years. The present one is a case in which he continued to add water and extract fat contents from the milk atleast during three long years from 1970 to 1973. Even when he was caught first and samples were taken, he did not feel repentant nor he improved himself. It was precisely for such cases that the Parliament even in these days, when there is great talk of reformatory nature of sentences on conviction, thought it fit to enhance the sentence which can be awarded and in same cases where it is found that adulteration is of such a type that the article of food consumed by any person is likely to cause such harm on his body as would amount to grievous hurt, the adulterator is required to be punished with imprisonment for a term which shall not be less than three years but it may extend to term of life.
(3.) THE parliamentary mandate shows that the offence of adulteration of food stuffs has been treated as a very serious type of social crime. Adulteration is widely prevalent menace and a social crime of great magnitude in which a few try to get richer at the cost of the health and injury to the community at large. The makers of the Constitution while giving the Constitution to ourselves, provided in Article 47 that it would be endeavour of the State to raise the level of nutrition and improve public health. Article 47 reads as under: 47. The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.;