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1984 DIGILAW 420 (RAJ)

Mahendra Kumar v. State of Rajasthan

1984-09-06

G.K.SHARMA

body1984
JUDGMENT 1. - Heard Mr. Walia and the P. P. 2. The revision petition is disposed of at the admission stage with the consent of the learned counsel for the parties. 3. The petitioner Mahendra Kumar was found guilty of the offence u/s 3/7 of the Essential Commodities Act by the learned Addl. Chief Judicial Magistrate, Jaipur Distt. Jaipur, and as such he was convicted and sentenced to six months R. I. and a fine of Rs. 250/-, in default of payment of fine to further undergo 20 days S. I. Against this judgment, he perferred an appeal before the learned Sessions Judge, Jaipur District, Jaipur, who while dismissing the appeal of the petitioner maintained the conviction, but reduced the sentence to 3 months R. I. and a fine of Rs. 100/-, in default of payment of fine to further undergo 10 days S. I. Against this judgment, the present revision petition has been filed. 4. Learned counsel for be petitioner has not pressed the revision on the merits, but has prayed that a lenient view may be taken as it is the first offence of the petitioner. It was also argued that the wife of the petitioner is admitted in the hospital on account of Cerebral Thrombosis, and her condition is not good. Apart from this he has small kids. As such, looking to the family condition of the petitioner a lenient view may be taken. The petitioner is already in Jail for the last 10 days, and it is prayed that the sentence already undergone by the petitioner would meet the ends of justice. 5. The learned P. P. has opposed this revision petition, and has argued that this is a case of black marketing where no leniency should be shown to the petitioner. 6. I have considered all the aspects of this case. There is nothing on the record to show that the petitioner is in the habit of black marketing, and as such this is his first offence. No doubt, black marketing is a serious offence, but looking to all the circumstances and the age of the petitioner, which is about 35 years; I feel that some lenient view be taken in order to give him a lesson for not repeating such an offence. This case relates to the year 1978, and since then the petitioner is facing mental agony on this account. This case relates to the year 1978, and since then the petitioner is facing mental agony on this account. Now, for the last 10 days he is in jail. 7. Keeping all the circumstances in view, I reduce the sentence of the petitioner from 3 months R. I. to 20 days RI, but hereby increase the amount of fine from Rs. 100/- to Rs. 500/-. 8. The revision petition is partly accepted. The conviction of the petitioner u/s 3/7 of the Essential Commodities Act is maintained, but he is sentenced to 20 days R. I. and a fine of Rs. 500/-. In default of payment of fine, he shall further undergo one months simple imprisonment. The fine be deposited within one month from today. *******