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M/S A.K. Sarkar & Co. & Anr. vs. The State of West Bengal & Ors.

Not available · 2024 INSC 186Decided 7 Mar 2024
Not available
Justice Sudhanshu Dhulia · Justice Prasanna B. Varale

Background

In 2000, a food inspector took samples of sugar-boiled confectionery from a Calcutta shop run by the appellants. Lab tests showed the food itself was not adulterated, but the packets lacked required labelling details (manufacturer's address and date of manufacture), violating the Prevention of Food Adulteration Rules. The Trial Court convicted the shop's partner (6 months' imprisonment plus fine) and the firm (fine only); the conviction was upheld through the appellate and revisional courts, with the sentence reduced to 3 months on revision.

Decision Breakdown

The Supreme Court rejected the argument that the wrong rule had been applied, confirming that the labelling rules in force in 2000 were correctly invoked, and upheld the concurrent findings of misbranding. However, it invoked Article 20(1) of the Constitution and the principle that an accused is entitled to a reduced punishment if the law is later amended to prescribe a lesser penalty (the Prevention of Food Adulteration Act was replaced by the Food Safety and Standards Act, 2006, which only prescribes a monetary penalty for misbranding, not imprisonment). Relying on its earlier rulings in T. Barai v. Henry Ah Hoe, Nemi Chand v. State of Rajasthan, and Trilok Chand v. State of Himachal Pradesh, the Court converted the partner's sentence of imprisonment to a fine of Rs. 50,000, while upholding the firm's fine of Rs. 2,000. The appeal was partly allowed.

Lesson Learnt

If a criminal law is amended after an offence is committed but before the case concludes, and the amendment reduces the punishment, courts can apply that more lenient punishment to the accused: the constitutional bar on retrospective criminal laws (Article 20(1)) only prevents harsher, not softer, treatment.

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

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