Supreme Court of India · 2002-08-29
MADHU CHOUDHARY vs STATE OF BIHAR
- Citation / case number
- SC 2000/14105
- Court
- Supreme Court of India
- Petitioner
- MADHU CHOUDHARY
- Respondent
- STATE OF BIHAR
- Author
- D. RAJU
- Bench
- DORAISWAMY RAJU & SHIVARAJ V. PATIL.
Judgment text excerpt
The Supreme Court held that the High Court exceeded its jurisdiction by ordering the commutation of the respondent's sentence under Section 433(d) of the Criminal Procedure Code after upholding the conviction under Section 16 read with Section 7 of the Prevention of Food Adulteration Act, 1954. The Court emphasized that the power to commute sentences lies solely with the State Government and cannot be directed by the High Court. The appeal by the Delhi Administration was allowed, reinforcing the legislative intent to impose minimum sentences for food adulteration offenses.