Naushad v State of Uttar Pradesh (2010) H&FLR 2014-17

Naushad v State of Uttar Pradesh (2010) H&FLR 2014-17

Supreme Court of India

27 October 2010

Coram: Bedi and Prasad JJ

Appearing for the Prosecutor: Not Known
Appearing for the Defendant: Not Known

Catchwords: India – food – milk – non-fatty solids – adulteration – delay

Facts: It was alleged that on 4 August 1981 the appellant breached the Prevention of Food Adulteration Act 1954 by retailing milk containing 6.7% non-fatty solids, rather than the prescribed 9%. He was convicted and sentenced to a fine and a term of imprisonment.

An appeal and an application for review were dismissed. The defendant appealed to the Supreme Court of India.

Held: Dismissing the appeal –

1. There was no basis for interfering with the findings of fact.

2. Because the offence had occurred almost thirty years earlier and the defendant was by then aged 84 years, justice would best be served by reducing the sentence to the 15 days already served.

Das v State of West Bengal (1998) 9 SCC 678 and Bhagwan v State of Maharashtra (1987) 2 SCC 645, considered.

Judgment

The Court’s judgment is available here.