2019 (10) TMI 1586

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.... DECISION 1. The Appellant assails his conviction Under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (for short "the Act") sentencing him to three months' imprisonment along with fine of Rs. 500/-. 2. The Food Inspector visited the shop of the Appellant and purchased three packets of rewari weighing 3 x 700 gms each on payment of Rs. 60/- fo....

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....Counsel for the State has opposed the appeal submitting 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 ....

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....he 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 ....

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....atutes 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 grea....