Shashi Bhushan and Another vs State of Punjab

T.P.S. Mann, J.—The Appellants, alongwith Mohan Lal, were tried for offence u/s 7 of the Essential Commodities Act. The trial Court, however, acquitted Mohan Lal of the charge against him whereas the Appellants were convicted for the said offence and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-each and in default of payment of fine to undergo further rigorous imprisonment for one month. The judgment of conviction and sentence passed by Special Judge, Faridkot on 2.12.1999 stands impugned in the present appeal.

According to the prosecution on 9.11.1994, the Appellants alongwith their co-accused Mohan Lal were found transferring gas from big cylinders into small cylinders for selling the same in black market.

Learned Counsel for the Appellants has not challenged the impugned judgment of conviction. However, he has submitted that the Appellants are first offenders and have been facing the agony of criminal prosecution for the last more than 16 years. They are the sole bread winners of their respective families. Moreover, Shashi Bhushan Appellant has remained in jail for a period of three weeks while Krishan Kumar Appellant remained in jail for a period of ten days. Under these circumstances, the remaining sentences of imprisonment of the Appellants be set aside.

Learned State counsel has submitted that as the Appellants were found indulging in an economic crime, they do not deserve any concession in the matter of sentence. However, learned State counsel has produced the custody certificates as per which Shashi Bhushan Appellant has undergone an actual sentence of nineteen days whereas in the case of Krishan Kumar Appellant, the said period is eight days.

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, once again, for undergoing their remaining sentences of imprisonment. Ends of justice would be amply met if their substantive sentence of imprisonment is 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. Their substantive sentence of imprisonment is reduced to that already undergone by them. The fine of Rs. 500/-imposed upon each of the Appellants by the trial Court is enhanced to Rs. 15,000/-, which be deposited by them within three months, failing which the defaulting Appellants shall undergo rigorous imprisonment for six months.

The appeal is, accordingly, disposed of.