JUDGMENT R. P. Sinha, J.- This is an application in revision by the petitioner against the judgment and order passed by the First Additional Sessions Judge, Hazaribagh, confirming the conviction and sentence passed against him by the learned Munsif Magistrate, 1st class, Chatra, who held him guilty under section 7 of the Essential Commodities Act, and convicted and sentenced him to undergo rigorous imprisonment for a period of six months and the amount of sale proceeds of the foodgrains seized was also orderd to be forfeited to the State of Bihar. 2. It appears that the petitioner was found in possession of 16 bags of wheat and 18 bags of maize in Maharajganj Hat within Chauparan police station and the Additional District Supply Officer of Chatra along with two Supply Inspectors had visited the Hat and made inspection there. This petitioner was unable to produce any foodgrain license and books of accounts. Hence the foodgrains aforesaid were seized and a complaint was filed against him, on which cognizance was taken and he was put on trial for having contravened the terms and conditions of the Bihar Foodgrains Dealers' Licensing Order 1967, which was punishable under section 7 of the Essential Commodities Act. 3. Both, the trial court as well as the appellate court found him guilty and hence this application in revision here. 4. The learned lawyer appearing on behalf of the petitioner had at first submitted that the conviction and sentence passed against the petitioner is not fit to be maintained in view of the fact that it was for the prosecution to prove that he had kept the foodgrains in question for carrying on the business in foodgrains. However, after some arguments, the learned lawyer for the petitioner submitted that even though the petitioner may not have a good case on merit, yet since he had been in jail for having been in possession of the foodgrains without having any proper license for the same and since there is no allegation that he is a habitual offender having committed such offence, it will be proper in the ends of justice to uphold the conviction, but sentence him to pay a fine of a suitable amount keeping in view the fact that his foodgrains worth Rs. 2020/- have also been forfeited to the State of Bihar for his not having a license for dealing in the foodgrains as required under section 3 of the Bihar Food grains Dealers Licensing Order. 5. In view of the submissions made on behalf of the petitioner on the question of sentence and in view of the proviso to section 7(1) (a) of the Essential Commodities Act, which reads as follows :- "Provided that in the case of a first offence, if the Court is of opinion that a sentence of fine only will meet the ends of justice, it may, for reasons to be recorded, refrain from imposing a sentence of imprisonment and in the case of a second or subsequent offence, the Court shall impose a sentence of imprisonment and such imprisonment shall not be less than one month." I am of the opinion that since the petitioner had already been in jail for a few days, the ends of justice will be met if he is sentenced to pay a fine of Rs. 500/- in lieu of the remaining period of imprisonment and in default to undergo rigorous imprisonment for four months. The sentence is, accordingly modified and the petitioner is sentenced to pay a fine of Rs. 500/- and in default to undergo rigorous imprisonment for four months. With this modification in the sentence, this application is dismissed. Sentence reduced.