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1996 DIGILAW 796 (RAJ)

Budha Ram v. State

1996-07-30

D.C.DALELA

body1996
JUDGMENT 1. - Heard. 2. The learned counsel for the revision petitioner states at Bar that he does not want to challenge the conviction of the petitioner, but he prays for leniency in the punishment, because the incident took place in 1973 and since then more than 22 years have passed. 3. The learned Public Prosecutor has stated at Bar that the prosecution has no objection if the sentence is reduced. The learned Public Prosecutor has stated that the accused-petitioner has already undergone 12 days imprisonment. 4. By the judgment and order dated 20.10.84 the accused petitioner was convicted by the Chief Judicial Magistrate, Merta for the offence under section 3/7, Essential Commodities Act and was sentenced to a simple imprisonment for 3 months and a fine of Rs. 500/-. In default of payment of fine further simple imprisonment for 3 months was directed. The matter was carried in appeal before the learned Sessions Judge, Merta, who vide his judgment and order dated 16.11.88 dismissed the appeal of the petitioner. Against this order of the learned Sessions Judge this revision petition has been filed. 5. I have heard the arguments of both the sides. 6. Since the learned counsel for the revision petitioner has not challenged the conviction of the petitioner before me, the conviction of the petitioner for the offence under section 3/7, Essential Commodities Act is required to be upheld. 7. The incident took place on 31.8.73 and since then more than 22 years have lapsed. When the alleged offence was committed by the accused-petitioner under the proviso to sub-section (1) of section 7 of E C. Act as then stood, the court has powers for an adequate and special reasons to impose a sentence of less than 3 months in case there was a contravention of any order made with reference to the Clauses other than Clauses (h) and (i) of Sub-section (2) of Section 3, E.C. Act. It has been admitted at Bar by the learned Public Prosecutor that in the case in hand the alleged contravention was of the order made with reference to clauses other than clauses (h) & (i) of Sub-section (2) of Section 3, E.C. Act. In the case in hand, the provisions of Rajasthan Sugar Dealers Licensing Order, 1967 are alleged to have been contravened and that the contraventions technical in nature. In the case in hand, the provisions of Rajasthan Sugar Dealers Licensing Order, 1967 are alleged to have been contravened and that the contraventions technical in nature. In Prabhu Dayal v. State of Rajasthan, 1990 Cr.LR (Raj.) 191 for the offences Under section 3/7 E.C. Act this Court has reduced the sentence of imprisonment to a period already undergone on the ground that the occurrence was 15 years old and the accused had already undergone a imprisonment for 5 days. In the present case in hand the occurrence is 22 years old and the accused-petitioner has already undergone 12 days imprisonment and the contraventions are of technical nature. Therefore, in my opinion, it is a fit case to act under the proviso to Sub-section (1) of Section 7 of the Essential Commodities Act as then stood and to reduce the sentence of imprisonment to already undergone by the revision petitioner. In my opinion the fine of Rs. 500/- should be enhanced to a fine of Rs. 1000/- and that will meet the ends of justice in the matter. 8. Consequently the revision is partly allowed. The conviction of accused-petitioner for the offence under section 3/7, E.C. Act is maintained, but his sentence of imprisonment is reduced and he is sentenced to a imprisonment for a period already undergone. But instead of (sic) he shall pay a fine of Rs. 1000/- (Rs. One thousand); in default of payment of fine he shall undergo a simple imprisonment for four months. The judgment and the order of the trial court shall stand modified accordingly. Three months time is given to the accused-petitioner to deposit the fine of Rs. 1000/- in the trial court failing which the learned trial court shall take steps that the fine is recovered or the accused-petitioner serves the sentence awarded to him in default of payment of fine.Revision Partly allowed *******