9911796707
TMI Blog1980 (2) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... of Food Adulteration Act, 1954 and sentencing him to suffer simple imprisonment till the rising of the Court and to pay a fine of ₹ 125/- or in default to undergo simple imprisonment for a further period of 30 days. The appellant was prosecuted in the Court of the learned Magistrate for an offence of adulteration of turmeric powder punishable under Section 16(1)(a)(1) read with Section 7 of the Prevention of Food Adulteration Act, 1954. 2. It appears from the record that after some evidence was led on behalf of the prosecution, plea bargaining took place between the prosecution, the defence and the learned Magistrate and on the basis of an understanding arrived at between these three parties, the appellant pleaded guilty and the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fforts and catch hold of those who for some private economic gain are prepared to jeopardize the health of the community and indulge in mass murder and when such persons are arraigned before the Court and found guilty a really deterrent and punitive sentence must be imposed upon them. If it comes to be known that even in respect of an offence of adulteration, it is possible to get away with a light sentence, the anti-adulteration law will cease to have any meaning and validity. It will be mocked at by the people as a futile legislative exercise. Moreover, we find that here the learned Magistrate had got a cyclostyled form of judgment in which merely blanks were filled in by him and this is the clearest possible evidence that he was in the h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Magistrate initiated suo motu proceeding in revision by issuing notice to the appellant to show cause why the sentence imposed on him should not be enhanced. The appellant appeared in answer to the notice and challenged the conviction recorded against him, but the High Court did not go into the circumstances in which the plea of guilty was entered by the appellant and relying on the plea of guilty proceeded on the basis that the appellant was rightly convicted and since the offence said to be established against the appellant, was with respect to an article of 'primary food' punishable under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, the High Court held that the appellant was liable to be sentenced to impr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st dimension of Article 21 of the Constitution unfolded in Maneka Gandhi's case. It would have the effect of polluting the pure fount of justice, because it might induce an innocent accused to plead guilty to suffer a light and inconsequential punishment rather than go through a long and arduous criminal trial which, having regard to our combers and unsatisfactory system of administration of justice, is not only long drawn out and ruinous in terms of time and money, but also uncertain and unpredictable in its result and the judge also might be likely to be deflected from the path of duty to do justice and he might either convict an innocent accused by accepting the plea of guilty or let off a guilty accused with a light sentence, thus, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inue on the same bail on which he has been released by this Court by its Order dated 30th March, 1979. P.N. Bhagwati, J. 6. The facts giving arise to this appeal by special leave are almost identical with those of Criminal Appeal No. 93 of 1980 save and except that the appellant is different and for the same reasons as are given by us in our Judgment disposing of Criminal Appeal No. 93 of 1980, we allow the present appeal, set aside the judgment of the High Court as also the Order of Conviction and sentence recorded against the appellant by the learned Magistrate and remand the case to the learned Magistrate so that he may proceed with the case from the stage at which the appellant confessed to a plea of guilty. The learned trial Magi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
