Sentence of imprisonment for sub-standard food may be substituted with a fine under the FSS Act.

The applicant was convicted by the Judicial Magistrate First Class, Kutiana, in Criminal Case No. 148 of 1996 for the sale of sub-standard chilly powder

He was sentenced to six months of simple imprisonment and a fine of Rs. 1,000 under Sections 7(1), 7(2), 7(5), and 16 of the Prevention of Food Adulteration Act (PFA)

This conviction was subsequently upheld by the Sessions Judge, Porbandar, in Criminal Appeal No. 04 of 2003 on 29.03.2008

The applicant filed the present revision application challenging the conviction on merits and on the grounds of personal disability (polio), while also seeking a reduction in sentence based on subsequent legislative changes

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The Court primarily considered Sections 51 and 52 of the Food Safety and Standard Act, 2006, which superseded the PFA and replaced imprisonment with financial penalties for cases involving "sub-standard" goods

The Court 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 established the principle that for sub-standard food articles, the imposition of a fine is sufficient to meet the ends of justice

The Court noted that the core charge against the accused governed the sale of sub-standard chilly powder rather than adulteration harmful to health

While the conviction was originally recorded under the older PFA, the Court observed that the legislative intent of the newer Food Safety and Standard Act, 2006 (specifically Sections 51 and 52), shifted the punishment for sub-standard goods from incarceration to monetary penalties

Applying the ratios from Nemi Chand and Triloki Chand, the Court reasoned that maintaining the conviction while modifying the sentence to a fine would be appropriate given the nature of the offense and the substantial lapse of time since the original 1996 filing

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

The Court directed that any fine previously paid be adjusted against the new amount and discharged the applicant’s surety bonds