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TMI Blog2016 (3) TMI 1363X X X X Extracts X X X X X X X X Extracts X X X X ..... inav Gupta, Mr. Manu Maheshwari, Ms. Pratibha Jain, For Respondent(s) Mr. S. S. Shamshery, Mr. Amit Sharma, Mr. S. Spandana Reddy, Ms. Ishu Prayas, Ms. Ruchi Kohli, ORDER Criminal Appeal No. 214 of 2016 (Arising out of SLP (Criminal) No. 2148 of 2013) Leave granted. In the instant appeal, the appellant was tried and convicted for offence under Section 7/16 of the Prevention of Food Adulter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, submits that though the appellant has some prima facie case even on merits, he would be giving up the plea on merits and his only submission is about the sentence which has been imposed by the courts below. He has, in this behalf, argued that there has been an amendment in the Act by the Central Amendment Act 34 of 1976 whereby Section 16A was added and under the said section, only a fine is l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the offence. 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a good general rule that a law should have no retrospect, but in cases in which the laws may justly and for the benefit of the community and also of individuals relate to a time antecedent to their commencement: as statutes of oblivion or of pardon. They are certainly retrospective, and literally both concerning and after the facts committed. But I do not consider any law ex post facto within the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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