Judgment :

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Rajasthan High Court, Jaipur Bench. By the impugned judgment the High Court while upholding the conviction for offences punishable under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 (in short the `Act) imposed fine of Rs.6,000/-and directed that the same is in commutation of the sentence of six months RI as awarded by learned Chief Judicial Magistrate, Sikar. It was further directed that the appropriate Government shall formalize the matter by passing of an appropriate order under Clause (d) of Section 433 of the Code of Criminal Procedure, 1973 (in short the `Code) if the amount is deposited within a particular period. For the aforesaid purpose the High Court relied on a decision of this Court in Sukumaran Nair v. Food Inspector, Mavelikara (1997 ((9) SCC 101).

3. Learned counsel for the appellant-State submitted that the High Courts order is clearly unsustainable.

4. Learned counsel for the respondent on the other hand supported the judgment.

5. In Dayal Singh v. State of Rajasthan (2004 (5) SCC 721) it was inter-alia observed as