Kartar Singh and Others vs State of Haryana

T.P.S. Mann, J.—The present appeal is directed against the judgment and order dated 28.11.1998/1.12.1998 passed by Additional Sessions Judge, as Special Judge under Essential Commodities Act, Rohtak vide which the appellants were convicted u/s 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2,000/- each and in default of payment of fine to undergo further rigorous imprisonment for four months.

According to the prosecution, the two dispensing units for supplying of petrol and one unit for diesel installed at the petrol pump owned by Sidharth Nanda appellant, were found to be short measuring the supply. The first unit was found to be giving the reading of 5.05 litres against the actual delivery of 5 litres, second one giving the reading of 5.1 whereas the third unit for supplying diesel was giving the reading of 5.25 litres. Sukhbir appellant was kept by Sidharth Nanda as its Manger to run the petrol pump whereas Kartar Singh appellant was a Salesman. Stock register of petrol and diesel as well as density register were not found at the petrol pump.

Learned Counsel for the appellants has submitted that he does not challenge the conviction of the appellants for the aforementioned offence. However, he has submitted that the appellants have been facing the agony of criminal prosecution since April 1997. None of the appellants is a previous convict. Kartar Singh appellant has two sons and two daughters and he himself is the sole bread winner of the family. Sukhbir appellant has four daughters and a son and himself a sole bread earner of the family. Similarly, the father of Sidharth Nanda appellant has already expired and he has to look after his old and sick mother. Therefore, the substantive sentences of the appellants be reduced to that already undergone by them.

Learned State counsel has submitted that the appellants were indulging in distributing less petrol and diesel than the one displayed at the dispensing units. Taking into consideration the totality of the circumstances, the Court is of the view that no useful purpose would be served by sending the appellants behind the bars so as to undergo the sentences imposed upon them. Ends of justice would be amply met if the substantive sentences of imprisonment of the appellants are reduced to that already undergone by them.

Resultantly, the conviction of the appellants for the offence u/s 7 of the Essential Commodities Act is maintained. The substantive sentences of the appellants are reduced to that already undergone by them. However, the fine of Rs. 2,000/- is enhanced to Rs. 10,000/- in case of Kartar Singh and Sukhbir appellants and to Rs. 25,000/- in case of Sidharth Nanda appellant, which be deposited by them with the trial Court within three months from today, failing which they shall be required to undergo rigorous imprisonment for six months.

But for the modification in the quantum of sentences of imprisonment and fine, as indicated above, the appeal fails and is, accordingly, dismissed.