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1 - 10 of 23 (0.30 seconds)Section 16 in The Prevention Of Food Adulteration Act, 1954 [Entire Act]
The Prevention Of Food Adulteration Act, 1954
Braham Dass vs State Of Himachal Pradesh on 2 August, 1988
In Braham Dass v. State of
Criminal Revision No. 1156 of 1997 16
Himachal Pradesh, 1988 (4) SCC 130, the
Supreme Court held as under:-
Chander Bhan vs Financial Commissioner, Haryana, ... on 3 November, 1981
Same view has been reiterated in
Chander Bhan v. State of Haryana 1996(1)
Recent Criminal Reports 125; Sat Pal vs. State of
Haryana 1998(1) RCR (Criminal) 75; Ram Kishan
vs. State of Haryana 2000(1) RCR (Criminal) 196;
Krishan Kumar Narang vs. State (U.T.)
Shree Mahavir Oil Mills & Anr vs State Of Jammu & Kashmir & Ors on 29 November, 1996
"19. However, keeping in view the fact
Criminal Revision No. 1156 of 1997 18
that the petitioner was 50 years of age at the
time of recording of his statement under
Section 313 of the Cr.P.C. and he would be,
by now, fairly advanced in the age, as also
the fact that he has faced the agony of
criminal proceedings for the last more than
16-1/2 years, I am of the opinion that the
sentence awarded to him deserves to be
reduced to that of fine. For this view, I draw
support from a judgment of the Supreme
Court in Sri Krishan Gopal Sharma and
another v. Government of N.C.T. of Delhi,
1996(2) RCR (Criminal 591: 1996(1)F.A.C.
258 (SC) and also from the judgments of
Allahabad High Court in Bhageloo v. State
of U.P. and another, 1996(2) F.A.C. 199 and
of this Court in Mahavir v. State through
Govt. Food Inspector, 2000(4) RCR
(Criminal) 208 (P&H)."
Mohinder Singh vs State (Chandigarh Administration) on 3 January, 1997
Again, reliance has been placed upon a
judgment of this Court in Mohinder Singh vs. State
(Chandigarh Administration), 1997-1 Vol.CXV
(Punjab Law Reporter) 623, wherein it has been
held as under:
Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar, Govt. Of ... on 12 February, 1979
"8. The last submission made in this
regard was pertaining to the sentence. It was
argued that incident pertains to the year 1980
and the petitioner is facing the agony of a
prolonged trial and thereafter appeal and the
revision, 16 years have elapsed. The decision
in the case of Hyssainara Khatoon and others
v. Home Secretary, State of Bihar, AIR 1979
SC 1360 had set the law into motion. The
scope of Article 21 was extended and it was
held that expeditious disposal of the cases
was an integral and essential part of the
fundamental right to life and liberty. In
paragraph 5 it was held:
State Of Bihar vs Ramdaras Ahir And Ors. on 6 August, 1984
'Now obviously procedure
prescribed by law for depriving a person of his
liberty cannot be 'reasonable, fair and just'
unless that procedure ensures a speedy trial
for determination of the guilt of such person.
No procedure which does not ensure a
reasonably quick trial can be regarded as
'reasonable, fair or just' and it would fall foul
of Article 21. There can, therefore, be no
doubt that speedy trial and by speedy trial, is
an integral and essential part of the
fundamental right to life and liberty enshrined
Criminal Revision No. 1156 of 1997 11
in Article 21.'
The same question was considered
by a Bench of the Patna High Court in State
of Bihar v. Ramdaras Ahir and others, 1985
Crl. L.J. 584. It was concluded that the word
'trial' would bring within its sweep, the appeal
that would be pending against such an order.
In paragraph 17 the Court had held:
Anurag Baitha vs State Of Bihar on 4 February, 1987
'Therefore, there seems to be no
option, but to hold that the word 'trial' in the
context of the constitutional guarantee of a
speedy trial includes within its sweep a
substantive appeal provided by the Code to
the High Court - whether against conviction
or against acquittal. Thus, it would follow that
the constitutional right of speedy trial
envisaged an equally expeditious conclusion
of a substantive appeal and not merely a
technical completion of the proceedings in the
original Court alone.'
Subsequently, the Full Bench of
Patna High Court in Anurag Baitha v. State of
Bihar AIR 1987 Patna 274 reiterated the
same view and in paragraph 11 it was held: