STATE OF GUJARAT Vs. GANPATBHAI PREMJIBHAI JOSHI

JUDGEMENT

(1.) The grievance made in the appeal is that to an offender of control orders under the Essential Commodities Act, the benefit of probation has been extended. The Ld. Sessions Judge, Banaskantha at Palanpur by the order dated 21-3-1997 in Spl. Case No. 4/86, gave the said benefit when after 4 prosecution witnesses were examined, by the pursis at Exh. 38, respondent accused disclosed before the trial Court that he has already closed the shop and as the case has been pending since long, benefit be given to him of the provisions of the Probation of Offenders Act, 1958.

(2.) On behalf of the respondent accused, it was pointed out that if at all there be any lapse on the part of the Ld. Trial Judge, it is only to the effect that report of the Probation Officer has not been called for otherwise all special circumstances which would earn him benefit of the said provisions of probation are there on record.

(3.) The matter has been pending from the date of the inspection of the business premises of the accused almost for 10 years. That very trial concluded in the 9th year of its pendency. Accused has already closed shop and, therefore, there is no question of his repeating offence.