SYED NASIR HUSSAIN Vs. STATE OF DELHI

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 15/05/2001 of an Additional. Sessions Judge in criminal appeal No. 87/99/97 upholding the judgment dated 30/01/1997 and order dated 1/02/1997 passed by a Metropolitan .Magistrate whereby the appellants were convicted under sections 2(ia) (a) (j) (1) of PFA Act and appellant No. 1 was sentenced to undergo RI for one year and pay a fine of Rs.5,000/- while appellant No.2 to pay fine of Rs.5,000/-- In default of payment of fine the appellant No .1 was to further undergo S.1. for 3 months.

(2.) Case of the prosecution, in brief, is that on 19/02/1987 at Karim, Hotel, 16, Gali Kababian Jama Masjid (appellant No.2), Syed Nasir Hussain (appellant No . 1 ), nominee of hotel sold to N.N.Sharma, Food Inspector, a sample of 500 gms of Chicken Biryani for analysis on payment of Rs.30/-. One part of sample was sent to Public Analyst who vide report No .PFA/Enf ( 87 )/MS/201/338 dated 25/02/1987 declared the sample adulterated as it contained unpermilted toxic colour (metanil yellow). At the, instance of appellants, Second part of sample was sent for analysis to ". Director, CFL, Mysore who vide certificate No-145/PFA/87 dated 8/05/1987 opined that the sample did not conform to the standard as it was found not free from the presence of unpermitted artificial colouring matter identified as metanil yellow. So, a complaint was filed against both the appellants; for punishing'them according to law. sh,K-B.Andley for appellants has , not challenged the conviction of appellants on merit.

(3.) It. was however contended by him that appellant No.1 has suffered ordeal of trial for about 14 years; he is aged about 65 years in sample nothing injurious to health was , found and ,therefore sentence of imprisonment awarded to him deserves to be commuted t.o fine. It was pointed out that amount of fine stands deposited by the appellants; In support of the submission, reliance was placed on the decision's in Rakesh Kumar vs.State (.Delhi, Administration), 2001. (1) JCC (Delhi) S14 and Satya Narian vs .State 2001 FAJ 190. Samples were found not conforming 'to the standard prescribed on account of presence of colouring material in these decisions Considering the,duration for which case remained pending with the courts below, age of appellant No.1 , fact that in the sample 'nothing injurious to health was found as also aforesaid decisions, it would be appropriate if the remainder sentence of imprisonment of appellant No.1 who continues to be in"custody since 15/05/2001, is commuted to fine. Accordingly, case is recommended t.o the Government of N.C.T. of Delhi for consideration of commutation of his remainder period of sentence of' imprisonment to fine under section 433( c), Cr.P-C. and the decision in the matter will .'be taken by it within 6 weeks from today .