M/S. A.K. Sarkar Co. vs The State Of West Bengal The Home ...

insc-2024-186 Supreme Court of India 7 March 2024 • CRIMINAL APPEAL NO.__________ of 2024; SPECIAL LEAVE PETITION (CRIMINAL) NO.6095 of 2018 • 7 min read

Judges (2)

Parties (2)

Case Significance

M/S. A.K. Sarkar Co. vs The State Of West Bengal The Home ... is a Supreme Court of India decision dated March 7, 2024 (citation: insc-2024-186). A confectionery business and its partner were convicted under the Prevention of Food Adulteration Act, 1954 for selling sugar boiled confectionaries with packets lacking prescribed particulars (manufacturer address and manufacturing date). The Supreme Court upheld the conviction but converted the sentence from three months' simple imprisonment to a fine of Rs.50,000, applying the principle of beneficial construction given the appellant's age (60 years), the 24-year passage since the offence, The bench comprised Justices Prasanna B. Varale and Sudhanshu Dhulia. The judgment was delivered by Justice Sudhanshu Dhulia.

Summary

A confectionery business and its partner were convicted under the Prevention of Food Adulteration Act, 1954 for selling sugar boiled confectionaries with packets lacking prescribed particulars (manufacturer address and manufacturing date). The Supreme Court upheld the conviction but converted the sentence from three months' simple imprisonment to a fine of Rs.50,000, applying the principle of beneficial construction given the appellant's age (60 years), the 24-year passage since the offence, and the less severe penalties under the successor Food Safety and Standards Act, 2006.

What was the outcome of M/S. A.K. Sarkar Co. vs The State Of West Bengal The Home ...?

A confectionery business and its partner were convicted under the Prevention of Food Adulteration Act, 1954 for selling sugar boiled confectionaries with packets lacking prescribed particulars (manufa...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2024-186)