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december 1960

Supreme Court of India · 1960-12-16

SARJOO PRASAD vs THE STATE OF UTTAR PRADESH

Citation / case number
SC 1959/10
Court
Supreme Court of India
Petitioner
SARJOO PRASAD
Respondent
THE STATE OF UTTAR PRADESH
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 7 and Section 16 of the Prevention of Food Adulteration Act, 1954, both employers and employees are prohibited from selling adulterated food, and liability does not require proof of mens rea. The appellant, an employee, was found guilty of selling adulterated mustard oil and was sentenced to one year of rigorous imprisonment and a fine of Rs. 2,000, which was the minimum penalty for a second offence. The Court found that the circumstances of the case justified a lesser penalty than the minimum prescribed, thus allowing for a reduction in the sentence.

SARJOO PRASAD vs THE STATE OF UTTAR PRADESH · Niyam