# MURLIDHAR MEGHRAJ LOYA ETC v. STATE OF MAHARASHTRA ETC

- **Citation:** [1977] 1 S.C.R. 1
- **Court:** Supreme Court of India
- **Decided:** 1976-07-19
- **Case number:** Criminal Appeal No. 314315 of 1976
- **Bench:** V. R. Krishna !Yer, P. K. Goswami
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/murlidhar-meghraj-loya-etc-v-state-of-maharashtra-etc-6903
- **Pages:** 8

## Headnote

Prevention of Food Adulteration Art, 1954-S. 16, pioviso-Scope of.
Accused pleaded guilty-If lesser sentence could be. awarded.
l
An analysis of a sample of klzurasani oil from the appellants' mill collected
by the Food Inspector showed 30 % groundnut oil content amounting to contravention of r. 44(a) of the Rules which prohibits sale of a mixture of two or
more edible oils as an edible oil. The appellants were charged with an offence
under s. 2(1) of the Act read with ss .. 7 and 16(1)(a) and r. 44(~). The
appellants having pleaded guilty, each of them was sentenced to pay a small
fine.
On revision, the High Court converted the offence into one under s. 2(i)(a)
read with s. 16 (1) and enhanced the sentence to a miriimum of six months
imprisonment and fine of rupees one thousand on the ground that the offence
committed by them fell within s. 16(1 )(a) and did not fall within the proviso
to that section.
On appeal to this Court it was contended that even assuming s. 2(i) (a)
is all comprehensive it must be read as the genus and thereafter sub-clauses (b)
to (e) fall under two broad categories namely adulteration with injurious substances and adulteration with innocent additions or the substance sold merely
violates a standard or degree of purity prescribed and in this case the offence
would fall uhder the non-injurious typ_, covered by s. 2(i,) {l).
· Dismissing the appeal,
HELD: 1. (a) Slub-clause (a) of s. 2( 1) has a widl'l sweep.
There causes
be ahy doubt that if the article .asked for is 100% klwrasani oil and the article
sold is 70% khurasani oil and 30% groundp.ut oil, the supply 'is not of the
nature, substance· and quality which it purports or is represented to be'. [4 El
(b) It is not possible to invoke the proviso to s. 16 ( 1) and the High Court
is legally right in its conversion of the• provisio111 for conviction and e'nhancement
of the sentence. Though s·. 2 (i) (a) is read speciously and if the facts. alleged
are accommodated by the definition of adulteration under that sub-clause,
s. 16(1) is attracted.
The first proviso to s. 16(1) wil! be attracted if
and
only if s. ZJ(i) (1) applies. [4 Fi-G]
In the present case the facts disclose that the offence is both under s. 2(i) (a)
and under·s. 7(v) for breach of r. 44(e). Section 2(i)(I) is repelled on the
facts andJ this is hot a case where either s. 2(i) (I) or r. Al7.12 applies.
Z.(a) The proviso cannot apply in extenuation and the High Court was
right in convicting the appellants. Judicial compassion can play upon the situation only if the offence is under s. 16(1 )(a)(i) and the adulteration is one
under s. 2(i) (I). The proviso applies if the offence is under cl. (a)(ii), that
is to say, the offence is not one of adulteration but is made up of a contrnvention
of the other provisions of the Act or of any rule made thereunder.
Since in this
case the offence falls under s. 2(i'){a) proviso (ii) has no application. [5 E-Fl
(b) The judicial jurisdiction to soften the sentence arises if the offence of
adulteration falls only under s. 2 ( i )(!). This case does not fall under this
sub-clause.
[5 GJ
[The Court drew attention to (-a) the propriety of accepting by the prosecution find the Courts the accused's plea of guilty of a lesser offence in dangerous
economic crimes and food offences and (b) in view of the fact that a substantial
number of cases of the kind were withdrawn by the Government because
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SUPREME COURT REPORTS
[1977] 1 S.C.R.
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invariably groundnut oil is observed in Khurasani oil, the
Government
m.ay
consider whether in the circumstances of this case it is not a matter for exercise
of its commutation powers l.
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## Text

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MURLIDHAR MEGHRAJ LOYA ETC.
v.
STATE OF MAHARASHTRA ETC.
July 19, 1976
[V. R. KRISHNA !YER AND P. K. GOSWAMI, JJ.J
Prevention of Food Adulteration Art, 1954-S. 16, pioviso-Scope of.
Accused pleaded guilty-If lesser sentence could be. awarded.
l
An analysis of a sample of klzurasani oil from the appellants' mill collected
by the Food Inspector showed 30 % groundnut oil content amounting to contravention of r. 44(a) of the Rules which prohibits sale of a mixture of two or
more edible oils as an edible oil. The appellants were charged with an offence
under s. 2(1) of the Act read with ss .. 7 and 16(1)(a) and r. 44(~). The
appellants having pleaded guilty, each of them was sentenced to pay a small
fine.
On revision, the High Court converted the offence into one under s. 2(i)(a)
read with s. 16 (1) and enhanced the sentence to a miriimum of six months
imprisonment and fine of rupees one thousand on the ground that the offence
committed by them fell within s. 16(1 )(a) and did not fall within the proviso
to that section.
On appeal to this Court it was contended that even assuming s. 2(i) (a)
is all comprehensive it must be read as the genus and thereafter sub-clauses (b)
to (e) fall under two broad categories namely adulteration with injurious substances and adulteration with innocent additions or the substance sold merely
violates a standard or degree of purity prescribed and in this case the offence
would fall uhder the non-injurious typ_, covered by s. 2(i,) {l).
· Dismissing the appeal,
HELD: 1. (a) Slub-clause (a) of s. 2( 1) has a widl'l sweep.
There causes
be ahy doubt that if the article .asked for is 100% klwrasani oil and the article
sold is 70% khurasani oil and 30% groundp.ut oil, the supply 'is not of the
nature, substance· and quality which it purports or is represented to be'. [4 El
(b) It is not possible to invoke the proviso to s. 16 ( 1) and the High Court
is legally right in its conversion of the• provisio111 for conviction and e'nhancement
of the sentence. Though s·. 2 (i) (a) is read speciously and if the facts. alleged
are accommodated by the definition of adulteration under that sub-clause,
s. 16(1) is attracted.
The first proviso to s. 16(1) wil! be attracted if
and
only if s. ZJ(i) (1) applies. [4 Fi-G]
In the present case the facts disclose that the offence is both under s. 2(i) (a)
and under·s. 7(v) for breach of r. 44(e). Section 2(i)(I) is repelled on the
facts andJ this is hot a case where either s. 2(i) (I) or r. Al7.12 applies.
Z.(a) The proviso cannot apply in extenuation and the High Court was
right in convicting the appellants. Judicial compassion can play upon the situation only if the offence is under s. 16(1 )(a)(i) and the adulteration is one
under s. 2(i) (I). The proviso applies if the offence is under cl. (a)(ii), that
is to say, the offence is not one of adulteration but is made up of a contrnvention
of the other provisions of the Act or of any rule made thereunder.
Since in this
case the offence falls under s. 2(i'){a) proviso (ii) has no application. [5 E-Fl
(b) The judicial jurisdiction to soften the sentence arises if the offence of
adulteration falls only under s. 2 ( i )(!). This case does not fall under this
sub-clause.
[5 GJ
[The Court drew attention to (-a) the propriety of accepting by the prosecution find the Courts the accused's plea of guilty of a lesser offence in dangerous
economic crimes and food offences and (b) in view of the fact that a substantial
number of cases of the kind were withdrawn by the Government because
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SUPREME COURT REPORTS
[1977] 1 S.C.R.
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invariably groundnut oil is observed in Khurasani oil, the
Government
m.ay
consider whether in the circumstances of this case it is not a matter for exercise
of its commutation powers l.
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CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 314315 of 1976.
Appeals by special leave from the Judgment and
order dated
5-4-1975 of the Bombay High Court in Criminal Revision Appln.
No. 1115 /73.
M. C. Bhandare, (Mrs.) Sunanda Bhandare, M. S. Narasimhan,
A. K. Mathur and A. K. Sharma, for the Appellants.
M. N. Phadke and M. N. Shroff, for the Respondents.
The Judgment of the Court was delivered by
KRISHNA IYER, J ,:__Judicial fluctuations in sentencing and societal
seriousness in punishing have combined to persuade Parliament to prescribe inflexible, judge-proof, sentencing minima in the Food Adulteration law.
This deprivatory punitive strategy sometimes
inflicts
harsher-than-deserved compulsory imprisonment on lighter offenders, the situation being beyond judicial discretion even if ~rosecu
tion and accused consent to an ameliorative
course.
The
two
appeals, by special leave, partially illustrate this proposition. Khurasani oil is an edible oil extracted by crushing oil seeds in mills.
Groundnut oil, also edible, is expressed likewise.
A firm by name
Balmukand Hiralal Loya & Co., in a minor town in Maharashtra,
runs an oil mill where Khurasani oil and groundnut oil are manufactured by the firm.
Sometimes they crush oil seeds for others on
hire who pay milling charges.
The appellants in Criminal Appeal No. 314 are the managing
partner and the manager of the mill and the appellant in Criminal
Appeal No. 315 is the operator of the expeller in the mill .who actually sold the offending commodity.
On February 16, 1972 the Food
Inspector of Bhagur Municipality walked into the sales
section of
the Mill, asked for 375 grams of khurasani oil from accused no. 8,
appellant in Criminal Appeal No. 315.
The quantity required was
supplied and, thereafter, the Food Inspector went through the statutory exercises preparatory to an analysis by the Public Analyst. After
receiving the report of the Analyst to the effect that the sample of
khurasani oil sent for analysis contained 30% of
groundnut
oil
which amounted to a contravention of rule 44(e) of the Prevention
of Food Adulteration Rules (for short, the rules), a complaint was
lodged for selling adulterated food within the meaning of s. 2(i) of
the Prevention of Food Adulteration Act (hereinafter called
the
Act) read with ss. 7(1) and 16 (1) (a) and r.44(e). Evidence
was led to make out a prima facie case.
The accused were questioned under s. 342 Cr.P.C., arid the appellants confidently pleaded
guilty to the charge whereupon the trial Magistrate, perhaps agreeably to expectations, sentenced them
each to a
piffling
fine
of
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MURLIDHAR v. MAHARASHTRA (Krishna Iyer, J.)
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Rs. 250. Although the whole process in court is strongly· suggestive of a tripartite consensual arrangement and reminds one of pleabargaining procedures in the United States of America, the State
Government appears to have taken a serious view of the matter,
outraged as it was by the Magistrate's adroit
avoidance of
those
penal provisions which obligate-him to inflict a. minimum prison sentence, viz., s. 2(i) (a) and s. 16(1) with a view to apply the proviso to s. 16(1). This is, at best, a conjecture about the Magistrate and might as well be imputed to the prosecutor ailli the food
inspector.
However, the State filed a revision to the ~High Court
against the illegal and ultra-lenient impost.
The revisional Judge
converted the offence into one under s. 2(i) (a) read with s. 16(1)
and eahanced the sentence to the minimum of
six
months
and
Rs. 1,000 by way of fine on the ground that the offence committed
by the accused squarely fell within s. 16(1) (a) and did not
fall
within the proviso of that provision which vests a guarded discretion
in the Court to soften the sentence to special cases.
The appellants,
~hocked by this drastic reversal of fortune at the High Court's hands,
have sought restoration of the Magistrate's conviction and sentence.
If this aggravated conviction is correct, the enhanced punishment
is inescapable.
The circumstances leading up to and CO!J.Stituting the offence have
been briefly set out already and the divergence between the trial court
and the High Court turns on the legal inferance to be drawn from the
factual matrix.
Has there been aqulteration of food, in the s.ense
imputed to that expression by s. 2(i) (a)? Assuming jt falls under
s. 2(i) (1) of the.definition, does that factor exclude it from s. 2(i) (a)?
Even if s. 2(i) (a) does apply, is the benigrant proviso to s. 16(1)
attracted 0n the score that the crime in this case constitutes a violation
-of r. 44(e) prescribing minimum standards? These questions
are
erucial to the submission made by Shri Bhandare for the appellants,
his argument being that the scheme of s.2 is to erect separate compartments for the many types of adulteration so that if a food article
iS adulterated within the meaning of s.2(i) (1) more appropriately,
it falls outside the ambit of s.2(i) (a).
Otherwise, he argues, there
is no point in itemising the various sub-divisions even though he concedes that marginally there may be overlapping among the sub-clauses.
He further contends that even assuming that· s.2(i) (a) is all-comprehensive, it must be read as the genus and thereafter sub-clauses
(b) to (I) fall under two broad categories, viz., adulteration where
injurious substances have been admixed and adulteration where innocent additions have be@n made or the substances sold merely-violates
a standard or degree of purity prescribed.
If there were force in
this submission, the culpa, according to counsel, could reasonably
fall under the non-injurious type of adulteration covered by s.2(i) (1).
The statute, says Shri Bhandare, sensibly dichotomises the sentence
and invests a discretion in the court in the second category to reduce
the sentence below the minimum stipulated, if special reasons exist for
such clemency.
Of course, counsel concedes that if the adulteration
is of the injurious brand, judicial sympathy is statutorily supplanted.
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SUPREME COURT REPORTS
[1977) 1 S.C.R.
This, he reasons, fits into and explains the scheme of s.16 which
is a penal provision with dual limbs.
We will examine the validity of this interpretative dissection.
Indeed, if this somewhat strained argument fails, everything fails
because, otherwise, the appellants have glibly convicted themselves,
out of their own mouth, by an unsually obliging 'yes' to every material
question under s.342 Cr. P. Code.
Thus, on the merits, the sole
question is about the proper offence made out on the facts ac!mitted.
This, in turn, depends on the acceptability of the interpretative dexterity displayed by counsel for the appellants.
It is trite that the social mission of Food Laws should inform
ihe interpretative process so that the legal blow may iall on every
adulterator. . Any narrow and pedantic, literal and lexical construction likely to leave loopholes for this dangerous criminal tribe to
sneak out of the meshes of the law should be discouraged. For the
new criminal jurisprudence must depart from the old canons, which
make indulgent presumptions and favoured constructions benefiting
accused persons and defeating criminal statutes calculated to protect
the public health and the nation's wealth.
This humanist approach
and cute construction persuades us to reject Shri Bhandare's analysis
of s.2(1). Sub-clause (a) of s.2(i) has a wide sweep and loyalty
to the intendment of the statute forbids truncating its ambit.
There
cannot be any doubt that if the article asked for is 100% khurasani
oil and the article sold is 70% khurasani oil and 30% groundnut
oil, the supply 'is not of the nature, substance or quality which it
purports or is represented to be.' The suggestion that there is
no
formal evidence of representation or prejudice as stated in the section
does not merit consideration being a quibble over a trifle.
If we read s.2(i) (a) spaciously and if the facts alleged are accommodated by the definition of 'adulteration' under that sub-clause,
s.16 ( 1) is attracted.
The first proviso to s.16 (1) will be attracted
if and only if s.2(i) (l) applies.
In the present case the facts disclose that the offence is both under s.2(i) (a) and undei' s. 7(v) for
breach of r .44 ( e) .
Section 2 (i) ( 1) is repelled on the facts and
it is obvious that this is not a case where either s.2(i) (1) or r.A
17.12 urged by Shri Bhandare applies. In this view it is not possible to invoke the amelioratory proviso to s.16(1) and the High·
Court is legally right in its conversion of the provision for conviction
and enhancement of the sentence.
We unhesitatingly hold that if s.2(i) (a) adequately fits in, adulteration under that provision must be found.
Once this position is made plain, the penalty that the appellants
must suffer is fool-proof.
Section 16 lays down the penalties and
H
classifies them.
We are particularly concerned with s.16(1) of the
Act which itself clubs together many categories out of which we have
to pick out only two for the purposes of this case, viz., (i) sale of
any article of food which is adulterated; and (ii) sale of any article of
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MURLIDHAR v. MAHARASHTRA (Krishna Iyer, /.)
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food
other
than one which is adulterated-'in
contravenA
tion of any of the provisions of this Act or of any rule made thereunder'. Ordinarily, both these clauses of offences are punishable with
the minimum prescribed 'of not less than six months' imprisonment,
together with fine which shall not be less than Rs. 1,000/-'. However,
there is a kindly proviso which confers on the court a power to be
exercised for any adequate and special reasons to be mentioned in the
judgment whereby a sentence of imprisonment for a lesser term than
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six months or of fine smaller than Rs. 1,000/- or of both may be
imposed, but this more moderate punitive net is conditioned by the
proviso itself.
We may read the proviso :
"Provided that-
(i) if the offence is under sub-clause (i) of clause (a) and
C
is with respect to an article of food which is adulterated
under
sub-clause (1) of clause (i) of sec. 2 or misbranded
under
sub-clause (k) of clause (ix) of that
section; or
(ii) if the offence is under sub-clause (ii) of clause (a).
the court may for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a
terms of less than six months or of fine of less than one thousand
rupees or of both imprisonment for a term of less than six months
and fine of less than one thousand rupees."
Judicial compassion can play upon the situati01~ only if the offence
is under sub-cl. (i) of cl. (a) of s.16(1) and the adulteration is one
which falls under sub-cl. ( 1) of cl. (i) of s.2. Secondly, the proviso
also applies if the offence is under sub-cl. (ii) of cl. (a), that is to
say, the offence is not one of adulteration but is made up of a contravention of any of the other provisions of the Act or of any rule
made thereunder. In the present case we have already found that the
accused is guilty of an offence of adulteration of food under s.2(i)(a).
Therefore, proviso (ii) is out. Proviso (i) will be attracted, according to Shri Bhandare, if s.2(i) (1) applies to the species of adulteration committed.
In our view, the only sensible understanding of
proviso ( i) is that judicial jurisdiction to soften the sentence arises if
the offence of adulteration falls only under sub-cl. ( 1) of cl. (i) of
s.2 and we have held that it does not.
We cannot but deplore the
clumsy draftsmanship displayed in a statute which affects the common
man in his daily bread.
It is unfortunate that easy comprehensibility
and simplicity for the laity are discarded sometimes through
oversophisticated scholarship in the art of drawing up legislative bills. It
cannot be overstressed that a new orientation for drafting methodology
adopting directness of language a11d avoiding 'involved reference and
obscurity is -overdue. Be that as it may, in the present case s.2(i) (a)
applies and s.16(1) (a) has been breached.
Therefore the proviso
cannot be applied in extenuation and the conviction of the !High Court
has to be upheld.
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SUPREME COURT REPORTS
[1977] 1 S.C.R.
The possibility of long argument iJ?- .a case w~ere the accu~ed has
pleaded guilty arises because the prov!Slon lends itself to adroit exercises. The court has to look at the interpretative problem in the social
setting of the statute, visualising the rough and tumble of the mark~t
place, the finesse with which dever victuallers fob off adulterated edibles and gullible buyers goofily fall victim.
Viewed this way, chasing
recondite semantics or niceties of classification or chopping of logic
has no scope for play.
The appeals must fail, withou~ more. But we have to take note
of a few circumstances of significance brought to our notice by counsel
for the appellant with which the State's counsel could not
express
serious disagreement, although he made no concessions.
(,...
We now proceed to refer to these factors which do not deflect us
from confirming the conviction. The curtain has been drawn thereon.
To begin with, we are free to confess to a hunch that the appellants had hastened with their pleas of guilty hopefully, induced by an
informal, tripartite understanding of light sentence in lieu of nolo
contendere stance. Many economic offenders resort to practices the
American call 'plea bargaining', 'plea negotiation', 'trading ont' and
'compromise in criminal cases' and the trial
magistrate
drowned
by a doc~et burden nods assent to the sub rosa ante-room settlement.
The business-man culprit, confronted by a sure prospect of
the agony and ignominy of tenancy of a prison cell, 'trades out'
of the situation, the bargain being a plea of guilt, coupled with
a promise of 'no jail'. These advance arrangements please -everyone
except the distant victim, the silent society. The prosecutor is relieved of the long process of proof, legal technicalities and long arguments,
punctuated by revisional excursions to higher courts, the court sighs
relief that its ordeal, surrounded by a crowd of papers and persons,
is avoided by one case less and the accused is happy that even if legal-
· istic battles might have held out some astrological hope of abstract
acquittal in the expensive hierarchy of the justice-system he is free
early in the day to pursue his old professions. It is idle to speculate
on the virtue of negotiated settlements of criminal cases, as obtains
in the United States but in our jurisdiction, especially in the area of
dangerous economic crimes and food offences, this practice intrudes
on society's interests by opposing society's decision expressed through
pre--determined legislative fixation of minimum sentences and by subtly
subverting the mandate of the law.
The jurists across the Atlantic
partly condemn the bad odour of purchased pleas of guilt and partly
justify it philosophically as a sentence concession to a defendant who
has, by his plea 'aided in ensuring the prompt and certain application
of correctional measures to him',
"In civil cases we find compromises actually encouraged
as a more satisfactory method of settling disputes between
individuals than an actual trial. However, if the dispute ...
finds itself in the field of criminal law, "Law Enforcement"
repudiates the idea of compromise as immoral, or at best a
necessary evil. The "State" can never compromise. It must
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MURLJDHAR v. MAHARASHTRA (Krishna Iyer, J.)
enforce the law."
The1:efore open methods of compromise
arc impossible."
7
(Arnold, Law Enforcement-An Attempt at Social Dissection, 42
Yale L.J. 1, 19 (1932).
We have no sanction, except surreptitious practice in some courts,
for 'trading out' of punitive severity altnough this aspect of the criminal
system deserves Indian jurists' considerat10n.
The sole relevance of
this digression in this judgment is to highlight the fact that the appellants perhaps acted on an expectation which came to pass at the trial
level but was reversed at the appellate level and this touch of 'immorality' in the harsh morality of tne punishment is a factor counsel wants
us to take note of. But we can do nothing about it when the minimum
is set by the statute, except lO state that the State must do its duty
by justice to the citizen and relieve over-worked courts by more judicial
agencies and streamlined procedures instead of leaving the uninformed
public blindly to censure delayed disposals.
One real reason for long litigation is inaction or ineffective action
of the legislature.
All knowledgeable law-men may concede that the
procedures in municipal and higher courts arc ossified to the point,
priced to the level, and slow to the degree where they cannot flexibly
assist disputants in early resolution of their everyday disputes.
This,
we hope, will change and the source of the evil eliminated.
The next draft on the court's commisseration, made by counsel,
is based on the milling ·operation realities surrounding the commission
of the crime. It is asserted by the appellant's advocate-and not
seriously controverted by his opponent that the small town milling
practice is multi-purpose, in the sense that whoever brings any edible
oil-seed for extraction of oil gets it done so that ground-nut crushing
may be followed by Khurasani seed or some other oil seed may chance
to take turns by rotation.
Even the miller's myn oil seeds may be
sometimes khurasani, at other times, some other.
This process may
result in the residue of one getting mixed up with the next.
May be,
innocently some groundnut oil, in the present case, got into the khurasani oil by the same expeller handling both.
Even so, the presence
of 30% groundnut oil is, perhaps, too high an admixture to be explained away this easy way.
While we appreciate the situation we must
adhere to the provision. Where the law lays clown an absolute liability,
alibis cancelling mens rea are out of bounds.
The last plea, urged ex nu'sericord ium, ameliorative in appeal and
unavailing against conviction, is that actually groundnut oil costs more
and so profit motive stands negatived, that the mixture of these edible
oils, though technically forbidden, is in fact non-injurious
and
a
terrifying term of six months' rigorous imprisonment is unjust.
The
facts are probably right but ex necessitae legis the court
has
to
inflict the heavy minimum sentence.
While in stray cases a jail term
even in a trivial food offence may look harsh, Parliament, in its wider
wisdom, and having regard to social defence in a sensitive area standardised the sentence by insisting on a minimum, ignoring exceptional
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SUPREME COURT REPORTS
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cases where leniency is needed. Individual hardships deserving of lighter sentence are sometimes exploited by counsel's persuasion aml judicial horror to secure for democrate onenders miloer punishments. lt
is worthy of note though that ill the present case the mixing of the
two oils is a motiveless act. May be. And the circumstances abovementioned add up to a plea for paring down the sentence and Shri
lihandare, tor the appellants, sougnt to wheedle us into lending credence to these circumstances and bring down the offence to a lesser
one.
Logically and soc10logically and, above all, legally, such a
course is impermissible.
Nevertheless,
there
is one circumstance
which has impressed us not to the extent of undoing the sentence imposed by the High Court but of drawing the attention of the top
executive to what may justly be done by way ot remission of sentence.
- The appellants have sworn an affidavit 111 this Court stating tllat khurasani OJ! is the same as nigar-seed oil. This is backed by a certificate
from the Maharashtra Chamber of Commerce and is evidently correct.
What is more important is that the appellants, when surprised by a
modification of their sentence to a heavier one for what they thought
was undeserving, moved in the matter of cases generally ot adulteration of khurasani oil with groundnut oil.
They drew the attention
of the authorities to punishment of innocents and it appears that the
State Government was satisfied about this grievance and has since
withdrawn a substantial number of cases against dealers of khurasani
oil whose sales were contaminated with presence of groundnut oil. The
affidavit on behalf of the appellants states :
"I further say that various cases filed by the respondents
against the dealers of khurasani oil are now being withdrawn
as invariably groundnut oil is observed in khurasani oil. I
crave leave to refer to and rely on the Journal of Maharashtra Chamber Patrika dated 21st September, 1975, when
produced."
Probably, had the present case survived till the government took action,
it might have been withdrawn.
Moreover, there are circumstances
F
suggesting of innocent admixture although it is beyond us to pronounce
definitely on this aspect and it is not for us to enquire into the matter
when s.16(1) is clear and the sentence is legal. Nevertheless, it may
be · appropriate for government to consider whether in the circumstances of this case--and in the light of the observations made by us
in this judgment-it is not a matter for exercise of commutation
powers.
Sentencing policy has a punitive and a correctional role
G
and we are sure that what is the meed of the appellants will be meted
out to them if they deserve any activist administrative empathy at all.
We accordingly dismiss the appeals.
P.B.R.
Appeals dismissed.
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