Supreme Court · 1979 INSC 227 · Decided 30 October 1979
Ganeshmal Jashraj v. GOVT. of Gujarat Anp ANR.
- Court
- Supreme Court of India
- Citation
- 1979 INSC 227 · [1980] 1 S.C.R. 1114
- Case number
- CRIMINAL APPEAL No. 632/1979
- Decided
- 30 October 1979
- Bench
- P.N. BHAGWATI, V.D. TULZAPURKAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 229, 235, 313
Headnote
Sentence-Minimum sentence prescribed by Statute under the Prcve11tion of Food Adulteration Act, 1954-Accused not pleading guilty under sec1fon 229' of the Crl.P.C., but. does so in writing as a result of plea bargaining after his examination under Section 313 Crl.P.C.-Magistrate not convicting on .the statutory minin1um~Whether the sen1ence is vitiated-Criminal Procedure Code Ss. 229, 235 r/w S. 16 of POFA, 1954. The appellant was charged for an offence under section 16(a)(l) of the Preventive of Food Adulteration Act, 1954, for selling adulterated turmeric powder to Respondent No. 2,
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