OM PRAKASH vs STATE (N.C.T. OF DELHI)

The Supreme Court upheld the conviction of the appellant under Section 7(1) read with Section 16 of the Prevention of Food Adulteration Act, 1954, for selling adulterated Khoya, as the milk fat content was below the prescribed standard. The Court noted that the exercise of discretion under Section 433 of the Code of Criminal Procedure, 1973, for commutation of sentence lies with the State Government. The Court directed the appellant to deposit a fine of Rs. 7,500 and allowed him to seek commutation of his custodial sentence based on the peculiar facts of the case.