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Mithilesh v. State of NCT of Delhi

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 1570 of 2010)Decided 28 May 2014
Criminal Appeal No. 1570 of 2010
Justice B.S. Chauhan · Justice A.K. Sikri

Background

A small grocery-shop owner was convicted after chilli powder samples contained salt and the laboratory certificate showed excess ash. The High Court reduced his one-year sentence to three months, taking account of his circumstances and the long delay. He sought acquittal or a further reduction to the brief custody already served.

Decision Breakdown

The Court dismissed the appeal and required him to surrender to serve the remaining sentence. Food could be adulterated under the applicable statute by falling below prescribed quality standards even without being injurious to health. The salt content and excess ash supported the conviction. The High Court had already substantially reduced punishment, and no special circumstances justified going below the minimum term considered here. The age of the prosecution and the offender's position as a petty shopkeeper did not warrant another reduction on these facts.

Lesson Learnt

Food sellers must meet prescribed composition and quality standards even where a contaminant is claimed to be harmless. Delay and personal hardship do not automatically justify reducing a statutory minimum sentence.

Official source (sci.gov.in)View Judgment (PDF)

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