ORDER
K.S. Gupta, J.
1. This revision petition is directed against the judgment dated 15th May, 20001 of an Additional Sessions Judge in criminal appeal No. 87/99/97 upholding the judgment dated 30th January 1997 and order dated 1st February 1997 passed by a Metropolitan Magistrate whereby the appellants were convicted under section 2(ia)(a)(j)(1) of PFA Act and appellant No.1 was sentenced to undergo RI for one year and pay a fine of Rs. 5,000/- while appellant No.2 to pay fine of Rs. 5,000/-. In default of payment of fine the appellant No.1 was to further undergo S.I. for 3 months.
2. Case of the prosecution, in brief, is that on 19th February 1987 at Karim Hotal, 16, Gali Kababian, Jama Masjid (appellant No.2), Syed Nasir Hussain (appellant No.1), nominee of hotel sold to N.N. Sharma, Food Inspector, a sample of 500 gms of Chicken Biryani for analysis on payment of Rs. 30/-. One part of sample was sent to Public Analyst who vide report No. PFA/Enf. (87)/MS/201/338 dated 25th February 1987 declared the sample adulterated as it contained unpermitted toxic colour (metanil yellow). At the instance of appellants, second part of sample was sent for analysis to Director, CFL, Mysore who vide certificate No. 145/PFA/87 dated 8 May 1987 opined that the sample did not conform to the standard as it was found not free from the presence of unpermitted artificial coloring matter identified as metanil yellow. So, a complaint was filed against both the appellants for punishing them according to law.
3. Sh. K.B. Andlay for appellant has, not challenged the conviction of appellants on merit. It was, however, contented by him that appellant No.1 has suffered ordeal of trial for about 14 years; he is aged about 65 years: in sample nothing injurious to health was found and, therefore sentence of imprisonment awarded to him deserves to be commuted to fine. It was pointed out that amount of fine stands deposited by the appellants. In support of the submission, reliance was placed on the decisions in Rakesh Kumar vs. State (Delhi Administration), 2001 (1) JCC (Delhi) 214 and Satya Narain vs. State, 2001 FAJ 190. Samples were found not conforming to the standard prescribed on account of presence of coloring material in these decisions.
4. Considering the duration for which case remained pending with the courts below, age of appellants No.1, fact that in the sample nothing injurious to health was found as also aforesaid decisions, it would be appropriate if the remainder sentence of imprisonment of appellant No.1 who continues to be in custody since 15th May 2001, is commuted to fine. Accordingly, case is recommended to the Government of N.C.T. of Delhi for consideration of commutation of his, remainder period of sentence of imprisonment to fine under section 433(c), Cr.P.C. and the decision in the matter will be taken by it within 6 weeks from today.
5. In the meantime, sentence awarded to appellant No.1 is suspended for two months on his furnishing personal bond in the sum of Rs. 15000/- with one surety in like amount to the satisfaction of trial Magistrate who will fix a date for direction immediately after the expiry of two months period.
6. Petition stands disposed of.