JUDGMENT

D. Raju, J.-Leave granted.

2. The respondent has been convicted for an offence under Section 16 read with Section 7 for the violation of Section 2 (ia) (a), (j) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act ) by the Metropolitan Magistrate, New Delhi, on 9.5.2000 in case No.42 of 1994. Thereupon, on 12.5.2000 he was sentenced to undergo simple imprisonment for one year, in addition to a fine of Rs. 2000/-, in default of payment of which to undergo a further sentence of simple imprisonment for one month. Thereafter, the respondent went on appeal and the learned Additional Sessions Judge, New Delhi, by his judgment dated 20.3.2001 in Crl. Appeal No.11 of 2000 affirmed the findings of the trial court that the offence has been properly proved on the basis of proper and sufficient materials and consequently sustained the conviction. So far as the question of sentence is concerned, adverting to the claim made for the benefit of Section 433 (d) of the Criminal Procedure Code, the Appellate Judge found it not possible for him to grant relief on the view that the power to commute under the said provision vests with the State Government and it