Research › Search › Judgment

Punjab High Court · body

2011 DIGILAW 1489 (PNJ)

Baljinder Singh v. State of Punjab

2011-08-03

M.JEYAPAUL

body2011
JUDGMENT Mr. M. Jeyapaul, J.: (Oral).- Accused Baljinder Singh was convicted for offence under Section 7 of the Essential Commodities Act. He was sentenced to undergo R.I. for 2 years and to pay a fine of Rs.5000/- and in default to undergo a further period of 3 months. The case of the prosecution is that the premises of the accused, aged 20 years, was inspected by ASI Hardial Singh (PW6) alongwith Food and Supplies Inspector Simarjot Kaur (PW1). He was found in possession of three tankers in his courtyard containing 4 litres of adulterated diesel in one tanker and 3000 litres of adulterated kerosene oil in each of the other two tankers. The chemical examiner’s report would show that the samples collected from the bulk quantity recovered and sent for examination was nothing but adulterated diesel and adulterated kerosene oil. 2. The trial Court having examined 8 witnesses on the side of the prosecution recorded conviction as against the accused-appellant as stated (supra). 3. Learned counsel appearing for the appellant would submit that the sentence imposed on the accused-appellant may be drastically reduced considering the lengthy period of trial undergone by the accused, the age of the accused and the fact that the youngest member of the family alone was implicated in this case. 4. Mr. T.S. Salana, DAG, Punjab appearing for the State would submit that the sentence imposed on the accused-appellant was proportionate to the quantity of adulterated diesel and kerosene oil recovered from the accused. 5. As the learned counsel appearing for the appellant has not argued on the other grounds set up in the appeal, the Court has no occasion to go into the other grounds raised by the appellant. 6. As rightly pointed out by the counsel for the appellant, it appears that the accused was just 20 years of age at the time when he faced the trial way-back in the year 1991. 20 years have elapsed since then. He has undergone the ordeal of trial for such a lengthy period of about 20 years. He was the youngest member of the family who has been booked for the offence under Section 7 of the Essential Commodities Act leaving behind other family members of the house where the bulk quantity of adulterated diesel and kerosene oil was recovered. 7. It is found that the accused-appellant had already undergone 1½ months of imprisonment. He was the youngest member of the family who has been booked for the offence under Section 7 of the Essential Commodities Act leaving behind other family members of the house where the bulk quantity of adulterated diesel and kerosene oil was recovered. 7. It is found that the accused-appellant had already undergone 1½ months of imprisonment. I feel that hiking the fine on the accused and substantially reducing the sentence imposed on the appellant would meet the ends of justice in the above facts and circumstances of the case. In view of the above, confirming the judgement of conviction recorded by the trial Court, the sentence imposed on the accused is reduced to 1½ months which he had already undergone. The accused-appellant is directed to pay a sum of Rs.25,000/- as fine within 15 days from the date of this judgement before the Court of Chief Judicial Magistrate, concerned, failing which he shall undergo 3 months of R.I. The learned Chief Judicial Magistrate shall execute the sentence. 8. With the above modification in the matter of sentence, the appeal stands disposed of. ----------0BSK0----------