KISHAN GOPAL Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of the Special Judge in ECA No. 198/96, whereby the learned Judge vide his judgment and order dated 9.7.1996 has held that the appellant contravened Clause 3 as well as Clause 24 of the Delhi Cement Licensing and Control Order, 1982 and thereby committed an offence under Section 7 of the Essential Commodities Act and further sentenced the appellant to undergo RI for three months with a fine of Rs. 1,000/ - and in default of payment of fine to further undergo SI for one month.

(2.) WITH the assistance of the learned counsel for the appellant and learned counsel for the State, I have gone through the record of the case as also the depositions and the judgment under challenge. Learned counsel for the appellant submits that he is not in a position to challenge the order of conviction. I, Therefore, confirm the order of conviction. However, on the question of sentence, it is argued by the learned counsel for the appellant that the Delhi Cement Licensing and Control Order, 1982, was a temporary measure and was expired on 17th May, 1990 and that the appellant has suffered the ordeal of trial for nearly seven years .He further submits that the appellant has also suffered incarceration. Appellant was admitted to bail on July 24, 1998 and since then he has shown an exemplary behavior. He submits that the appellant is 78 years old and no useful purpose would be served in requiring the appellant to undergo the remaining portion of his sentence at this belated stage. Learned counsel for the State has no objection if the sentence of imprisonment of the appellant is reduced to the period already undergone. However, learned counsel submits that the fine ought to be enhanced.

(3.) WITH this modification, Criminal Appeal No. 254/1998 is disposed of.