Punjab and Haryana High Court Reduces Sentence in Food Adulteration Case: Age and Protracted Trial Considered

In a significant ruling, the Punjab and Haryana High Court has reduced the sentence of a petitioner convicted under the Prevention of Food Adulteration Act, 1954. The judgment, delivered by Hon'ble Mr. Justice Deepak Gupta, took into account the petitioner's advanced age and the protracted trial he had endured.

The case pertained to the conviction of Ram Saran, whose shop was inspected by a Food Inspector back in December 1994. The sample of khoya, a dairy product, was found to be adulterated, with a minor deficiency of only 0.5% in milk fat content compared to the prescribed standard. The petitioner was subsequently convicted by the trial court and had his conviction affirmed by the Appellate Court.

In the revision petition before the High Court, the petitioner's counsel, Mr. Ashit Malik, argued for the reduction of the sentence based on the petitioner's age, which was stated to be over 70 years at the time of the revision. It was highlighted that the petitioner had already served a short period of incarceration and had no criminal antecedents. Additionally, the counsel pointed out the prolonged duration of the trial, which had lasted for nearly 28 years.

The State counsel, Mr. Parveen Kumar Aggarwal, did not contest the factual position presented by the petitioner's counsel and acknowledged the absence of criminal activity by the petitioner post-conviction.

After considering the submissions and reviewing relevant precedents, Justice Deepak Gupta upheld the petitioner's conviction but reduced the sentence. The court noted that while the Act prescribed a minimum sentence, it could be reduced for adequate and special reasons. Citing previous cases, the court emphasized that the sentence should be proportionate to the facts of the case. In this instance, considering the petitioner's age, the minimal deficiency in the milk fat content, and the protracted trial, the court deemed it inappropriate to subject the petitioner to further incarceration. Therefore, the sentence was reduced for the period already undergone by the petitioner.

This ruling by the Punjab and Haryana High Court exemplifies the importance of considering an accused person's age, the duration of the trial, and the proportionality of the sentence. It upholds the fundamental right to a speedy trial and recognizes the need for just and balanced sentencing in accordance with the circumstances of each case.

Date of Decision: May 3, 2023

Ram Saran  VS State of Haryana