State of Rajasthan v. Satyanarayan son of Baura Mai
1982-04-08
M.B.SHARMA
body1982
DigiLaw.ai
JUDGMENT 1. - I have heard learned Public Prcsecutor and the learned Advocate for the accused respondents. For contravention of Condition Nos. 8 and 9 of lincence issued under the Rajasthan Hydrogenated vegetable oil dealers licencing order 1968, the learned Addi. Chief Judicial Magistrate Sentenced each of the accused u/s 7 read with above, order to pay a fine of Rs. 600/- and in default to under go three months R. I. Sentence is within the discrection of the Court. Unless the sentence, awarded is disproportionate to the offence the court generally does not interfere. As the Essential Commodities Act, 1955 stood in the month of Sept 1973 when the offence was committed, it was within the direction of the Court to award only a sentence of fine after recording reasons. The Magistrate has recorded reasons for awarding a sentence of fine only. 2. Looking to the nature of the offence and the fact that the offence, took place on 8th Sept, 1973, I am of the opinion that no case of enhancement of sentence, is made out. 3. In the result the state appeal is hereby dismissed.Appeal Dismissed. *******