Law:

Section:

(a) Punjab Pure Food Act (VIII of 1929), S. 13-Gross adulteration of food-Offences are more serious than cheating -Measure of adequate sentence. [Sentences were enhanced from double to ten times the fine imposed by the trial Magistrate.] 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 ridicul­ously inadequate and there appeared to be something fundament­ally 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 Depart­ment where in the case of a milk seller, while the fine on sub­sequent…

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