Crl.Pet. 9/2010 BEFORE HON’BLE MR JUSTICE B D AGARWAL This application under Section 482 of the CrPC has been filed by the con vict, namely, Sri Mukul Saha, praying for setting aside the order dated 07.12.20 09, passed by the learned Sessions Judge, Dhubri, in CR No. 11(4) of 2005, where by, the prayer of the convict to stay the execution of warrant has been rejected . Heard Sri S C Biswas, learned counsel for the petitioner and Sri B S Sin ha, learned Additional Public Prosecutor for the State of Assam. Sri Biswas submitted that after affirmation of the conviction of the pet itioner under Sections 7/ 16 of the Prevention of Food Adulteration Act, vide Ju dgment and order dated 16.12.2004 passed in Criminal Revision No. 296 of 1999 th e petitioner filed an application under Section 433 CrPC before the Government o f Assam for commutation of sentence. The said petition was filed on 22nd of Febr uary 2005. Sri Biswas also submitted that vide letter dated 31.03.2005, the Judi cial Department recommended the commutation of sentence and the application was forwarded to the Health and Family Welfare Department, Government of Assam, Disp ur, for approval. Since then, the Government has not taken any decision. Today, the learned Additional Public Prosecutor also admitted the fact t hat the Law Department has been repeatedly requesting the Health and Family Welf are Department, Government of Assam, for taking a decision in the matter but the concerned Department is not responding. In view of the aforesaid position, the operation of the impugned order d ated 07.12.2009, passed by the learned Sessions Judge, Dhubri, in CR No. 11(4) o f 2005, shall remain stayed. In other words, the execution of sentence shall rem ain suspended till the Government takes the decision upon the application filed by the convict under Section 433 Code of Criminal Procedure. With the aforesaid observations and directions, this Criminal Petition s tands disposed of.