Supreme Court of India · 1980-02-13
KASAMBHAI ARDUL REHMANBHAI SHAIKH vs STATE OF GUJARAT & ANR.
- Citation / case number
- SC 1980/63469
- Court
- Supreme Court of India
- Petitioner
- KASAMBHAI ARDUL REHMANBHAI SHAIKH
- Respondent
- STATE OF GUJARAT & ANR.
- Author
- P.N. BHAGWATI
- Bench
- P.N. BHAGWATI
Judgment text excerpt
The Supreme Court held that a conviction based on a plea of guilty resulting from plea-bargaining cannot be sustained under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954. The Court criticized the Magistrate's use of a cyclostyled judgment form, indicating a failure to apply judicial mind to the evidence, and emphasized the necessity for deterrent and punitive sentences for food adulteration offenses. The High Court's enhancement of sentences without proper trial was deemed erroneous, leading to the appeal's allowance and the case being sent back for proper proceedings.