JUDGMENT : 1. Leave is granted limited to the question of sentence only. 2. In Criminal Case No. 18/257/74 filed against the present appellant for an offence under the Prevention of Food Adulteration Act, 1954, he was acquitted by the learned Magistrate. In the appeal preferred by the Municipal Council, Alwar, the order of acquittal was set aside and the appellant was convicted and sentenced to suffer Rigorous Imprisonment for 6 months and to pay a fine of Rs. 500/- in default to suffer further rigorous imprisonment for 15 days. When the petition for special leave to appeal came up for admission this Court issued a notice limited to the question of sentence only. Mr. B.D. Sharma learned standing counsel for the state of Rajasthan appeared today. Undoubtedly the prosecution was launched by Municipal Council, Alwar. But once there is a conviction the State has to be heard in appeal against conviction and sentence. After conviction, the State is the proper party to be heard in appeal. Mr Sharma clearly states that he does not represent the Municipal Council Alwar. That is correct. But once a conviction has been recorded and sentence is imposed, public policy demands that the State is interested in proper administration of criminal justice and from that point of view we requested Mr. Sharma to appear and submit the point of view of the State. The question to be examined is limited to the question of sentence only. The offence was committed in 1972. Though the acquittal by the learned Magistrate may not be sustainable in the view taken by the High Court with which view we also agree, but at this late stage, and in view of the law as it stood in 1972 at the time of commission of the offence and the special circumstances of this case, we are of the opinion that the substantive sentence be reduced to that already undergone. The sentence of fine and sentence in default of payment is maintained. 3. The appeal is accordingly allowed to the extent that the substantive sentence awarded to the appellant is reduced to sentence undergone maintaining the sentence of fine. The appeal is allowed to the extent of modification in the substantive sentence.