Sentence may be commuted to fine for substandard food samples under the Food Safety and Standard Act.

The applicant (original accused) was convicted by the Metropolitan Magistrate on 07.11.2003 in Criminal Case No. 29 of 1997 for selling sub-standard salt of "Ujjaini Brand"

He was sentenced to six months of simple imprisonment and a fine of Rs. 1,000 under Section 16(1)A(i) read with Section 7 of the Prevention of Food Adulteration Act (PFA)

The applicant challenged this before the Sessions Court in Criminal Appeal No. 33 of 2023, which was dismissed on 06.08.2009, upholding the trial court's order

The applicant then filed this Revision Application, arguing procedural lapses in sample collection under Rule 14 of the PFA and seeking a reduction in sentence based on subsequent legislative changes

1. Whether the sentence of imprisonment should be modified in light of the subsequent enactment of the Food Safety and Standard Act, 2006, regarding sub-standard food items?

The court applied Sections 51 and 52 of the Food Safety and Standard Act, 2006, which transitioned the punishment for sub-standard food from mandatory imprisonment to the imposition of a penalty or fine

It relied on the precedents of Nemi Chand v. State of Rajasthan (2018) 17 SCC 448 and Triloki Chand v. State of Himachal Pradesh (2020) 10 SCC 763, which establish that in cases involving sub-standard articles, a fine is the appropriate form of penalty rather than incarceration

The High Court observed that while the conviction was originally recorded under the Prevention of Food Adulteration Act, the nature of the offense was specifically the sale of "sub-standard" goods rather than adulterated goods posing a health hazard

The court reasoned that since the modern legislative framework (FSSA 2006) and Supreme Court precedents favor the imposition of fines for sub-standardization offenses, a lenient view was justified

The court noted the age of the case (dating back to 1997) and concluded that modifying the sentence of six months' imprisonment to a more substantial fine would serve the ends of justice without overturning the underlying conviction

The sentence of six months of simple imprisonment was set aside and replaced with a fine of Rs. 5,000, to be deposited within four weeks

The applicant’s previous surety bond was discharged