JUDGMENT P.N. Bakshi, J. - The applicant has been convicted under section 3/7 of the Essential Commodities Act and sentenced to 4 months' R.I. by the trial court. His conviction and sentence has been maintained in appeal by the Sessions Judge. Hence this revision. 2. I have heard learned counsel for the applicant and have also perused the impugned order. 3. According to the prosecution case the Marketing Inspector has seized 12.69 quintals of wheat from the shop of the applicant. It was the case of the prosecution that the applicant could not keep more than 5 quintals without a licence. Both the courts below on a consideration of the evidence on the record have come to the conclusion that the guilt of the accused is satisfactorily established. The defence taken up by the accused was that 4 quintals wheat belonged to his lather and 4 quintals belonged to the farther-in-law of his brother. Defence has been produced in support of this contention. The courts below has considered the evidence of the defence witnesses and have given good reasons for rejecting their testimony. I see no reason to set aside a pure finding of fact. The applicant has thus been rightly convicted; but having regard to all the circumstances of the case, I am inclined to give some relief to the applicant in the matter of sentence. The applicant is a young man. There is nothing in the impugned order to indicate that he is a previous convict. The quantum of wheat recovered has been sold and confiscated to the State. The amount in question is not such. The applicant has been in jail for a few days, in these circumstances, I am of the opinion that the cause of justice would be served by substituting the sentence of imprisonment by a fine of Rs. 300/-. 4. This revision application is hereby dismissed with the modification that the sentence of imprisonment, is hereby substituted by a sentence of fine of Rs. 300/-, which shall be deposited within 3 months from today. In the event of default in payment of fine the applicant shall suffer 3 months' R.I. The applicant is on bail. His bail bonds shall not be discharged until the fine has been paid or the applicant has surrendered.