GURBACHAN SINGH Vs. STATE

JUDGEMENT

(1.) ADMIT . Learned Counsel for the petitioner submits that the point involved in this petition is very short and the same can be disposed of at this stage itself.

(2.) THIS revision petition is directed against the judgment and order dated 4th May, 2001 passed by the Court of Sh. H.S. Sharma, Additional Sessions Judge, New Delhi upholding the conviction of the petitioner under Section 7/16 of the Prevention of Food Adulteration Act, 1954 and reducing the sentence from 6 months R.I. to 3 months R.I. with fine of Rs. 1,000/-.

(3.) APPLYING the law laid down by the Supreme Court in this case, admittedly, the offence was committed more than 13 years ago, in the sample nothing extraneous or injuries to health was found and it is the case of only misbranding. The petitioner has already undergone a sentence of 21 days RI out of 3 months sentence awarded to him. In the facts and circumstances of this case, it would be appropriate if the unserved, sentence of the petitioner is commuted to fine. Accordingly, the petitioner is directed to deposit a fine of Rs. 10,000/- in the Trial Court in commutation of the unserved sentence of imprisonment within one week from today and to intimate the Government that such fine has been deposited. On the fine being deposited, the State Government may formalise the matter by passing an appropriate order under Clause (d) of Section 433 Cr.P.C.