Mahavir Singh Prajapati vs State of Uttarakhand

Umesh Chandra Dhyani, J.—By means of the present criminal revision, convict-revisionist has challenged the impugned judgment and order dated 31.8.2012, whereby criminal appeal preferred on his behalf was dismissed and the order dated 21.5.2011 passed by learned trial court in criminal case No. 547 of 2009 was affirmed. Learned C.J.M. Champawat vide order dated 21.5.2011 convicted the accused on three counts, viz., (a) u/s 3/ 7 Essential Commodities Act, 1955 whereby he was sentenced to undergo simple imprisonment for one year and a fine of Rs. 5,000 and u/s 29 of the Insecticides Act, 1968 whereby the convict was sentenced to undergo simple imprisonment for four months and was also directed to pay a fine of Rs. 1,000. Learned counsel for the revisionist submitted at the very outset that he has nothing to say on the merits of the case. Learned counsel contended that he has come to the Court with the sole prayer that the sentence awarded to the convict-revisionist be reduced. Learned counsel also prayed that the fine imposed by the trial court has already been deposited by the revisionist in the court below. The convict-revisionist also remained in jail during the course of trial for a period of four months, according to learned counsel.

In view of the above submissions of the learned counsel for the revisionist, the conviction of the revisionist as regards the offences complained of against him is affirmed. Otherwise also, on the basis of evidence on record, there appears to be no reason to interfere with the findings arrived at by the trial court, as affirmed by the appellate court.

The allegation against the revisionist, in a nutshell, is that he was keeping fertilizers and chemicals in his establishment without having any authority to keep the same. There is no evidence on record to show that the revisionist, by keeping such substances, caused substantial harm to the general public or to any individual. This Court, therefore, is persuaded to reduce the sentence awarded to the Convict-Revisionist in respect of offence punishable u/s 317 Essential Commodities Act, 1955 only. No interference is called for as regards sentence awarded to the revisionist in respect of the offence under the Insecticides Act, 1968.

The sentence as awarded to the revisionist by the trial court in respect of offence punishable u/s 317 Essential Commodities Act, 1955 is accordingly modified to the extent that the convict-revisionist shall undergo imprisonment for a period of six months and shall also be liable to pay a fine, which has been awarded by the courts below, which fine is said to have been deposited by the convict before the trial court. Period of detention undergone by the convict-revisionist. shall be set off against the sentences of imprisonment thus awarded to him. The criminal revision is thus finally disposed of with the modifications in the sentence as above.