State Govt Of Nct Of Delhi vs Jagdish Tyagi

Sentence awarded by ACMM In CC No.193/2002,"Under Section 16(1A) r/w Section 7 of PFA Act

1954 - to undergo SI for 18 months and fine of Rs.

10,000/-. In default SI for 60 days.

Sentence reduced by ASJ-01, New Delhi in CA

No.8550/2016","Under Section 59(i) of FSSA - to underg

imprisonment till the rising of the Court and to pay a

fine of Rs. 35,000/-. In default to undergo SI for 1

days.

After placing reliance on the decision of the Supreme Court in Nemi Chand’s case (supra), the learned ASJ arrived at the conclusion that",

adding colour to the food article i.e. Dal Arhar in the instant case, which was earlier punishable under Section 16(1A) of PFA Act has to be",

considered an offence punishable under Section 59(i) of FSSA, the sentence may extend to six months and also with fine which may extend to Rs. 1",

lakh.,

The case of the appellant is squarely covered by the decision of the Supreme Court in Nemi Chand’s case (supra). Since no minimum sentence,

is prescribed under Section 59(i) of FSSA, the findings given by learned ASJ and sentence awarded to the appellant, therefore, cannot be faulted.",

The order impugned cannot be said to be suffering from any illegality.,

The appeal consequently fails and the same is dismissed.,