Bombay High Court sentences man 19 years after lower court acquits

Almost 19 years after he was let off on charges of storing and selling adulterated food at his shop, the Bombay High Court has recently overturned the order and held a 55-year-old vendor of food grains guilty and sentenced him to six months imprisonment.

Justice Bharati Dangre, while setting aside the acquittal order passed by a Satara sessions court in 1999 releasing Harishchandra Agarwal, has asked him to surrender before the appropriate court within four weeks and serve his sentence.

The court said, "The Sessions Court has dealt with the issue in a manner which is contrary to the settled position of law and therefore it is not sustainable in the eye of law."

In 1994, a food inspector visited Agarwal's shop and took samples of the rapeseed oil which was being sold. On analysis it was found to be adulterated and not meeting standards laid down by the Prevention of Food Adulteration Act. Based on the report, the authoritoes prosecuted Agarwal. The magistrate court convicted him in 1996 but on his appeal the session's court acquitted him. This order was challenged by the state government in the high court.

Public prosecutor JP Yagnik argued that proper procedures were followed before initiating the prosecution against the accused. Agarwal's counsel argued that the authority had not acted in public interest and no reasons were spelt out in the prosecution. Thus the appeal does not merit.

Justice Dangre, after going through the records, held that the authorities followed proper procedure thus the sessions court's order is not maintainable and liable to be set aside.