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2001 DAILYLAW 893 (DEL)

SHISH RAM v. STATE OF DELHI

2001-03-02

S K Agarwal

body2001
S. K. Agarwal ( 1 ) ( 2 ) 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. This revision petition is directed against the judgment and order dated 19/9/2000 passed by the court of Sh. R. K. Gaubha Additional Sessions Judge, Delhi upholding the conviction of the petitioner under Section 16/1 (1a) read with Section 7 of the Prevention of food Adulteration Act, 1954 (for short PFA Act) for violation of S. 2 (,ia) (a) (b) (c) (j) and (m) and the sentence of R. I. for one year with fine of Rs. 5000. 00, in default further sl for 6 months. Learned counsel for the petitioner has preferred not to challenge the conviction of the petitioner but has only prayed for suitable directions for commuting the sentence of RI to fine under clause (c) of Section 433 CRIMINAL PROCEDURE CODE. It is argued that in this case samples in question were lifted on 30/09/1988 when the petitioner was young boy of 19 years and absolutely clean antecedents and the petitioner has suffered the pain and agony of trial for more than 12 years and that the petitioner is in custody for the last more than 5 months and that the sample was found adulterated because of the presence of paddy husk and rice starch. Reliance is placed on two supreme Court decisions N. Sukumaran Nair v. Food Inspector Navelikara, (1996) 2 pfa Cases 21 wherein it was held:- "the offence took place in the year 1984. The appellant has been awarded six months simple imprisonment and has also been ordered to pay a fine of rs. 1000. 00. Under clause (d) of Section 433 of the Code of Criminal Procedure, the appropriate Government is empowered to commute the sentence of simple imprisonment for fine. We think that this would be an appropriate case for commutation of sentence where almost a decade has gone by. We, therefore, direct the appellant to deposit in the trial court a sum of Rs. 6000. 00 as fine in commutation of the sentence of six months simple imprisonment within a period of six weeks from today and intimate to the appropriate government that such fine has been deposited. We, therefore, direct the appellant to deposit in the trial court a sum of Rs. 6000. 00 as fine in commutation of the sentence of six months simple imprisonment within a period of six weeks from today and intimate to the appropriate government that such fine has been deposited. On deposit of such fine, the State Government may formalise the matter by passing appropriate orders under clause (d) of Section 433 of the Code of Criminal procedure. " and in Santosh Kumar v. Municipal Corporation and another, 2000 (2) FAC 76 wherein it was held;- 4. This case seems to be almost on a parallel with the facts enumerated in the decision cited above. We are also persuaded to extend the same benefit which the appellant in the aforesaid decision was granted by this Court, as this would be an appropriate case for commutation of sentence under clause (d) of Section 433 of the Code of Criminal Procedure. 5. We, therefore, direct the appellant to deposit in the trial court a sum of rupees 10,000. 00 as fine in commutation of the sentence of 6 months imprisonment within a period of 6 weeks from today and iinimale to the appropriate government that such fine has been deposited. On deposit of the fine the State Government may formalise the matter by passing appropriate order under clause (d) of Section 433 of the Code of Criminal Procedure. In the meanwhile the appellant will remain on bail. " ( 3 ) IN this case, admittedly, the offence was committed more than 12 years ago ; in the sample nothing injurious to health was found and the petitioner has already undergone a sentence of 4-1/2 months RI. In view of the peculiar facts of this case, I am inclined to direct that the sentence of the petitioner be commuted to the period already undergone and the sentence, fine of Rs. 5,000. 00 is enhanced to Rs. 10,000. 00. Let the fine be deposited within two weeks and on the fine being deposited, the State Government may formalise the matter by passing an appropriate order under clause (c) of section 433 CRIMINAL PROCEDURE CODE. ( 4 ) IN the meantime the sentence awarded to the appellant is suspended for a period of two months on his furnishing personal bond in the sum of Rs. 10,000. ( 4 ) IN the meantime the sentence awarded to the appellant is suspended for a period of two months on his furnishing personal bond in the sum of Rs. 10,000. 00 with one surety in the like amount to the satisfaction of the trial court. Dasti as well. Petition stands disposed of