Supreme Court · 2024 INSC 186 · Decided 7 March 2024

M/S A.K. Sarkar & CO. & ANR. v. The State of West Bengal & ORS.

Court
Supreme Court of India
Citation
2024 INSC 186 · [2024] 3 S.C.R. 356
Case number
CRIMINAL APPEAL No. 1447/2024
Decided
7 March 2024
Bench
SUDHANSHU DHULIA, PRASANNA BHALACHANDRA VARALE (2-judge bench)
Outcome
Case Partly allowed
Case type
Criminal
Acts & sections cited
Constitution Article 20(1)

Headnote

The Prevention of Food Adulteration Act, 1954 was repealed by the Food Safety and Standards Act, 2006 wherein s. 52 provides a maximum penalty of Rs.3,00,000/- for misbranded food. The issue arose whether the appellant can be granted the benefit of Act and be awarded a lesser punishment as is presently prescribed under the new law, though it was not in force when the offence was committed. Prevention of Food Adulteration Act, 1954 - ss. 16(1)(a)(i) read with s.7, s. 2(ix)(k) - Prevention of Food Adulteration

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