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TMI Blog1979 (10) TMI 232X X X X Extracts X X X X X X X X Extracts X X X X ..... who was, at the material time, a Food Inspector in the employ of the State. The appellant pleaded not guilty to the offence charged against him and a trial was thereupon held by the learned Judicial Magistrate. The Prosecution led the evidence of respondent No. 2 and one Thakurbhai who was one of the panch witnesses in whose presence the turmeric powder was purchased by respondent No. 2 and the certificate of the Public Analyst showing that the turmeric powder was adulterated was also tendered in evidence. The Prosecution closed its case and thereafter the appellant was examined by the learned Judicial Magistrate under Section 313 of the CrPC. On the same day, presumably as a result of plea-bargaining to which the learned Judicial Magistrat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of guilt but he had considered the evidence led by the Prosecution and come to the conclusion on the basis of such evidence that the appellant was guilty of the offence charged against him and the conviction was, therefore, not vitiated, but so far as the sentence was concerned, it was patently in breach of the requirement of Section 16(1)(a)(i) of the Act which provided for a minimum sentence of imprisonment for three months and the learned single Judge, therefore, enhanced the sentence to three months' simple imprisonment and also increased the amount of the fine from ₹ 300/- to ₹ 500/-. This decision of the High Court is assailed in the present appeal preferred by the appellant after obtaining special leave from this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e no doubt that when there is an admission of guilt made by the accused as a result of plea bargaining or otherwise, the evaluation of the evidence by the Court is likely to become a little superficial and perfunctory and the Court may be disposed to refer to the evidence not critically with a view to assessing its credibility but mechanically as a matter of formality in support of the admission of guilt. The entire approach of the Court to the assessment of the evidence would be likely to be different when there is an admission of guilt by the accused. Here it is obvious that the approach of the learned Judicial Magistrate was affected by the admission of guilt made by the appellant and in the circumstances, it would not be right to sustai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inexplicable reason turn its attention to the wholesalers and manufacturers. The small tradesmen who eke out a precarious existence living almost from hand to mouth are sent to jail for selling food stuff which is often enough not adulterated by them and the wholesalers and manufacturers who really adulterate the food stuff and fatten themselves on the misery of others escape the arm of the law. The Food Inspection Department prides itself on its statistics by catching small tradesmen and by its gross indifference and inaction, allows wholesalers and manufacturers to carry on their nefarious activities, untouched and unaffected by the penal law. The result is that a wrong impression is being created on the public mind that the law is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o proceed against the bigger wholesalers or manufacturers who are quite often the real culprits. Otherwise, we do not understand why there are so few cases against wholesalers and manufacturers brought to the Courts. The implementation of the law does create an impression that it is a law meant to be operative only against the smaller men and that the rich and the well-to-do are beyond its reach. Moreover the law operates very harshly against the small tradesmen because a minimum sentence is provided and the small tradesmen are liable to be sent to jail for three or six months for selling food stuff which they may not have themselves adulterated but which has been adulterated by others, particularly when they have no means of verifying at t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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