2016 SCCL.COM 195(Case No: Writ Petition (C) No. 159 of 2012 with Special Leave Petition (Crl.) No. 1379 of 2011 and Criminal Appeal Nos.472, 476-478 and 479 of 2012)
Swami Achyutanand Tirth and others Petitioners versus Union of India and others Respondents
Date of Decision(mm/dd/yy): 8/5/2016.
Judge(s): Hon'ble Chief Justice T.S. Thakur, Hon'ble Justice R. Banumathi and Hon'ble Justice Uday Umesh Lalit.
Subject Index: Milk adulteration - menace of growing sales of adulterated and synthetic milk in different parts of the country - Petitioners allege that the concerned State Governments and Union of India have failed to take effective measures for combating the adulteration of milk with hazardous substance like urea, detergent, refined oil, caustic soda, etc. which adversely affects the consumers’ health and seek appropriate direction, considering the seriousness of the offence and referring to the amendment to Section 272 Indian Penal Code made by States of Uttar Pradesh, West Bengal and Odisha, wherein the punishment for adulteration of food and products is enhanced to imprisonment for life and also fine, by order dated 05.12.2013, Supreme Court observed that “similar amendments are to be made in other states as well.” The same direction was reiterated by Supreme Court vide order dated 30.01.2014 and Supreme Court also directed Union of India to consider bringing in suitable amendments to FSS Act, since in India traditionally infants/children are fed milk, adulteration of milk and its products is a concern and stringent measures need to be taken to combat it. The consumption of adulterated milk and adulterated milk products is hazardous to human health. As directed by Supreme Court by order dated 10.12.2014, Held it will be in order that the Union of India come up with suitable amendments in the Food Safety and Standards Act, 2006 and the respondent-Union of India shall also make penal provisions at par with the provisions contained in the State amendments.
2016 SCCL.COM 225(Case No: Criminal Appeal No. 159 OF 2016)
Punjab State Warehousing Corp. Appellant versus Bhushan Chander & Another Respondents
Date of Decision(mm/dd/yy): 7/29/2016.
Judge(s): Hon'ble Justice Dipak Misra and Hon'ble Justice Shiva Kirti Singh .
Subject Index: Trial - validity - whether the High Court has correctly accepted the submission advanced on behalf of the first respondent, who was convicted for offences punishable under Section 409/467/468/471 of the Indian Penal Code, 1860 and had been awarded sentence for each of the offences with the stipulation that they would run concurrently, that he being an employee of the appellant Corporation is a public servant and the trial had commenced without obtaining sanction under Section 197 of the Code of Criminal Procedure, 1973 (CrPC) and hence, the trial in entirety was invalid and as a result the conviction and sentence deserve to be set aside.