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.