Brajendranath Patra and Another vs State of Orissa

S. Barman Roy, C.J.—The appeal is pending in this Court since 1987. In this circumstance, this being a very old appeal pending in this Court for about 18 years, 1 am constrained to take up this appeal for disposal in the absence of the learned counsel for the appellants.

By this appeal, the appellants seek to challenge the judgment dated 30.7.1987 passed by the learned Special Judge, Puri convicting the appellants u/s 7 of the Essential Commodities Act for violating the Clause 3 of the Orissa Declaration of Stocks and Prices of Essential Commodities Order, 1973 and accordingly sentencing them to undergo R.I. for two months and to pay a fine of Rs. 500/- in default to suffer R.I. for further 15 days. The judgment was passed in connection with G.R. Case No. 35 of 1985.

Mr. Kar, learned Addl. Standing Counsel, has taken me through the evidence on record. On perusal of the evidence on record, I am satisfied that the appellants were rightly held guilty u/s 7 of the Essential Commodities Act for violating Clause 3 of the Orissa Declaration of Stocks and Prices of Essential Commodities Order, 1973. Since the appeal was filed in this Court close to 18 years time has elapsed and it will be a travesty of justice if the same sentence is maintained after passage of such a long period when the appeal was filed in this Court. I think this is the sufficient reason within the meaning of proviso to Sub-section (2) of Section 7 of the Essential Commodities Act to award a lighter sentence. I therefore, while maintaining the conviction of the appellants, alter the sentence of imprisonment to one of fine of Rs. 5,000/- in default to undergo R.I. for three months.

Subject to the aforesaid modification of the sentence the appeal is dismissed.