SATYA NARAYAN AGARWAL versus STATE OF ASSAM

SATYA NARAYAN AGARWAL versus STATE OF ASSAM

Appeal dismissed for lack of merit; appellant may challenge order of State Government under Section 433 CrPC regarding commutation of sentence.

Parties
Appellant: Satyanarayan Agarwal; Respondent: State of Assam
Jurisdiction
India
Judgment Date
26 April 2007
Procedural Posture
Criminal Appeal / Final Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Food Adulteration, Sentencing, Commutation Under Section 433 Cr PC
Criminal Law Food Safety Law Food Adulteration Sentencing Commutation Under Section 433 Cr PC

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Parties

Satyanarayan Agarwal

Appellant

State of Assam

Respondent

Procedural Posture

Criminal Appeal / Final Supreme Court Judgment

Legal Issues

  1. 1 Whether sentence under Prevention of Food Adulteration Act should be commuted or imposed as custodial sentence
  2. 2 Whether the High Court should have released the appellant on probation

Ratio Decidendi

Appeal dismissed for lack of merit; appellant may challenge order of State Government under Section 433 CrPC regarding commutation of sentence.

Court Disposition

Appeal dismissed

Orders

  • Appellant may, if so advised, challenge the order passed by the State Government under Section 433 of the Code of Criminal Procedure