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TMI Blog2019 (10) TMI 1586X X X X Extracts X X X X X X X X Extracts X X X X ..... l 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 the Act, there is no reason why the Accused should not have the benefit of such reduced punishment. The Rule of beneficial construction requires that even ex post facto law of such a type should be applied to mitigate the rigour of the law. The present appeal is allowed in part and the sentence imposed upon the Appellant is modified by imposing a fine of Rs. 5,000/- only, which shall be deposited within 30 day ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting that there are concurrent findings of misbranding in accordance with the law, as it then stood on the date of occurrence. 6. We have considered the respective submissions. In Criminal Appeal No. 214 of 2006, this Court relied on a decision in T. Barai v. Henry Ah Hoe and Anr. (1983) 1 SCC 177 wherein it was opined that since the amendment was beneficial to the Accused persons, it could be applied with respect to earlier cases as well which are pending in the Court observing: 22. It is only retroactive criminal legislation that is prohibited Under Article 20(1). The prohibition contained in Article 20(1) is that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso 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 prohibition that mollifies the rigour of the criminal law, but only those that create or aggravate the crime or increase the punishment or change the Rules of evidence for the purpose of conviction.... There is a great and apparent difference between making an unlawful act lawful and the making an innocent action criminal and punishing it as a crime. 7. In view of the same, the present appeal is allowed in part and the sentence imposed upon the Appellant is modified by imposing a fine of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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