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february 1980

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.

KASAMBHAI ARDUL REHMANBHAI SHAIKH vs STATE OF GUJARAT & ANR. · Niyam