P (PLP)

Muhammad Sharif, A. A. G. for Crown. M. A. Khan for Respondent. JUDGMENT.‑--In these cases under section 13 (1) (a) of the Punjab Pure Food Act (VIII of 1929) I issued notices to the respondents to show cause why the sentences imposed on them by the lower Court should not be enhanced, because during my inspection or mofussil Courts I had discovered that even in cases of gross adulteration of food, the sentences awarded were ridicul ously inadequate and there appeared to be something fundament ally wrong with the administration of the Act. A Sub‑Divisional. Magistrate, when questioned why the fines he imposed were low, told me that the Food Inspectors whose function it is to detect and prosecute such cases laid their hands only on petty retail dealers who were too poor to pay heavy fines, and did not for one reason or the other touch the source of adulteration, i.e., big wholesale dealers who supply the adulterated stuff to retail dealers. This was confirmed by the Additional District Magistrate, Gujranwala, who appeared to me to be taking special interest:' in this class of cases. On examining the records of such cases in Lahore, I find 'the position to be very much the same as in the mofussil. In the cases that. are being disposed ;of by this order the sentences, with three exceptions, range from Rs. 5 to Rs. 30, though the adulteration in some cases.' as much as 95 per cent. There are only three cases in which the sentence awarded was Rs.

50. These relate to the sale of impure ghee in which the adulteration was as much as 51 per cent. in one case and 60. per cent. in another. All the cases are of petty traders, the only exception being the Flatties Hotel. That such sentences instead of deterring the offenders are a direct encouragement to them to indulge in this species of crime seems to be obvious. In this connection an interesting case was brought to my notice some time ago by an officer of the Public Health Depart ment where in the case of a milk seller, while the fine on sub sequent convictions went on decreasing, the proportion of adultera tion went on increasing until milk fat completely disappeared from the liquid stuff he was selling. The maximum sentence, for selling adulterated food is, in the case of a first offence a fine of Rs. 250, in the case of a second offence a fine of Rs. 500 and in the case of a subsequent offence a fine of Rs. 1,

000. A food measure with such light penalties need not have been enacted at all because it enables an unscrupulous dealer freely to indulge in adulteration, the only risk incurred by him being the remote possibility of his being required to pay a petty fine if he is detected. But one is seldom caught on first offence and by the time the offender is detected, he might defraud the consumer of several hundred times the amount he may actually be required by the Court to pay as fine. It does not seem to have been realised by the legislature, that food offences partake of the nature of the offence of cheating which is punishable under the Penal Code with seven years' rigorous imprisonment. Such offences are in fact much more serious than cheating because, whereas the incidence of fraud in the latter generally falls on one man, the former are a crime against society, as not only they involve fraud on the public, but also adversely affect the public health. I do not see why a man who sells cheap lubricating oil as ghee or some whitened liquid as milk or some coloured stuff, God knows what, as ground haldi or chillies, or a mixture of flour, sand and saw‑dust as wheat flour or exhausted tea leaves as " tea " should not get the same punishment as one who obtains money by false pretexts. It is high time that the punishing provisions of the Punjab Pure Food spot were revised, so as to enhance the penalties for breaches of the food law. The extent to which adulteration in food stuffs is being carried on has become a scandal, and though we produce plenty of food it has almost become impossible to get pure ghee, milk, flour or spices in towns. The provisions relating to the appointment and supervision of Food Inspectors also require scrutiny and revision because my examination of the cases has given me the irresis tible impression that there is something fundamentally wrong with the activities of these officials, whether what is lacking in imprisonment. Such offences are in fact much more serious than cheating because, whereas the incidence of fraud in the latter generally falls on one man, the former are a crime against society, as not only they involve fraud on the public, but also adversely affect the public health. I do not see why a man who sells cheap lubricating oil as ghee car some whitened liquid as milk or some coloured stuff, God know what, as ground haldi or chillies, or a mixture of flour, sand and saw‑dust as wheat flour or exhausted tea leaves as " tea " should not get the same punishment as one who obtain: money by false pretexts. It is high time that the punishing: provisions of the Punjab Pure Food .pct were revised, so as to enhance the penalties for breaches of the food law. The extent to which adulteration in food stuffs is being carried on ha: become a scandal, and though we produce plenty of food it has almost become impossible to get pure ghee, milk, flour or spices in towns. The provisions relating to the appointment and supervision of Food Inspectors also require scrutiny and revision because my examination of the cases has given me the irresis tible impression that there is something fundamentally wrong with the activities of these officials, whether what is lacking ill them is honesty, competency or the desire to work, I am unable to say. Only hawkers, petty milk sellers and retail decree seem to be the object of their attention, as no dairy man or important wholesale dealer seems to have been prosecuted at all. In one case, an ice hawker was proceeded against for selling ice unfit for human consumption but though the man disclosed wherefrom he had got the ice, nothing appears to have been done to trace the factory which was the source of this nuisance. In fact, most of the respondents urged before me that they purchased the spurious stiff from regular wholesale dealers being unaware of the adulteration and that no action is being taken by the detecting staff against these wholesaler. This can hardly be a ground for imposing nominal sentence on the retailers because they have no business to carry on their noxious trade if they are unable to distinguish the pure from the impure stuff. Having considered the extent and nature of adulteration in each case, I enhance the sentence in the following cases to the extent indicated in the relevant column of the subjoined statement. The extent to which the sentence have been enhanced should not be taken to be the maximum to which sentences may be awarded by the lower Courts in the types of cases dealt with by this order. Immediate steps will be taken to realize these fines. I might mention that the correctness of conviction way questioned before me in the Faletti's case, but since there is no record of evidence, the trial being summary, and the plea was that of guilty, it cannot be held that the conviction was wrong. Notice is discharged in the following cases :‑-- Criminal Revision No. 767, 778, 780, 781, 782, 788, 796 and

797. K. M.A Sentences enhanced.