Synopsis

The accused, a retailer, was convicted under Sections 7 and 16 of the Prevention of Food Adulteration (PFA) Act, 1954 for selling substandard groundnut oil. He was sentenced to two years simple imprisonment and a fine of Rs. 25,000. The conviction was upheld by the appellate court. In revision, the Gujarat High Court, while affirming the conviction, modified the sentence by substituting the imprisonment with a fine of Rs. 25,000 (which the accused had already deposited). The court relied on subsequent Supreme Court judgments holding that under the Food Safety and Standards Act, 2006, offences of “substandard” food attract only a penalty by way of fine, not imprisonment.

Court: High Court of Gujarat
Coram: Hasmukh D. Suthar, J.
Date: April 1, 2026
Core Law: Criminal Law, Food Safety, Prevention of Food Adulteration Act, 1954; Food Safety and Standards Act, 2006

2. Legal Framework

• Prevention of Food Adulteration Act, 1954: Sections 7 (prohibition of manufacture, sale, etc., of adulterated food) and 16 (penalties).

• Food Safety and Standards Act, 2006: Sections 51 and 52 – provide for penalty for substandard food.

• Code of Criminal Procedure, 1973: Sections 397 and

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