Evidence was led to make out a prima facie case.
Appeals by special leave from the Judgment and order dated 4 1975 of the Bombay High Court in Criminal Revision Appln.
The appellants in Criminal Appeal No.
The accused were questioned under s. 342 Cr.
7 1 and 16 1 a and r.44 e .
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The two appeals, by special leave, partially illustrate this proposition.
A firm by name almukand Hiralal Loya Co., in a minor town in Maharashtra, ms an oil mill where Khurasani oil and groundnut oil are manufactured by the firm.
C. Bhandare, Mrs. Sunanda Bhandare, M.S. Narasimhan, 7 .
This depri vatory punitive strategy sometimes inflicts harsher than deserved companypulsory imprisonment on lighter offenders, the situation being beyond judicial discretion even if prosecu tion and accused companysent to an ameliorative companyrse.
Groundnut oil, also edible, is expressed likewise.
1115/73.
314315 of 1976.
K. Mathur and A.K. Sharma, for the Appellants.
Khurasani oil is an edible oil extracted by crushing oil seeds in mills.
Sometimes they crush oil seeds for others on ire who pay milling charges.
The Judgment of the Court was delivered by KRISHNA IYER, J. Judicial fluctuations in sentencing and societal seriousness in punishing have companybined to persuade Parliament to prescribe inflexible, judge proof, sentencing minima in the Food Adulteration law.
N. Phadke and M.N. Shroff, for the Respondents.
