STATE OF RAJASTHAN versus JAGDISH PRASAD

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
Criminal Law Food Safety Law Sentencing Commutation of Sentence Food Adulteration

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Parties

State of Rajasthan

Appellant

Jagdish Prasad

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Judgment

  1. 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