STATE OF RAJASTHAN versus JAGDISH PRASAD
The minimum mandatory imprisonment imposed by the trial court is restored as commutation to fine is not sustainable under the Act; strict adherence to sentencing provisions is necessary.
Source-derived case information.
- Parties
- Appellant: State of Rajasthan; Respondent: Jagdish Prasad
- Jurisdiction
- India
- Judgment Date
- 29 April 2009
- Procedural Posture
- Criminal Appeal / Appeal Against High Court Judgment
- Outcome
- Appeal allowed; sentence by trial court restored
- Legal Topics
- Sentencing, Commutation of Sentence, Food Adulteration
Source-derived case record
Summary, issues, holding and outcome
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Parties
State of Rajasthan
Appellant
Jagdish Prasad
Respondent
Procedural Posture
Criminal Appeal / Appeal Against High Court Judgment
Legal Issues
- 1 Whether commutation of minimum mandatory sentence to fine under Prevention of Food Adulteration Act is sustainable
Ratio Decidendi
The minimum mandatory imprisonment imposed by the trial court is restored as commutation to fine is not sustainable under the Act; strict adherence to sentencing provisions is necessary.
Court Disposition
Appeal allowed; sentence by trial court restored
Orders
- Sentence of six months rigorous imprisonment as imposed by trial court restored
- Accused given liberty to move the appropriate Government for commutation within three months
Full Case Text
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