RAM AUTAR Vs. STATE OF U P

JUDGEMENT

(1.) GIRIDHAR Malaviya, J. Heard Shri I. H. Khan learned counsel for the applicant and Shri Avinash learned counsel for the Opp. party of this case.

(2.) IN this case Ram Autar and Horilalwere convicted under Section 3/7 of Essential Commodities Act by Judicial Magistrate, Rampur, on the ground that they were found carrying five bags of Cement on a Rikshaw which was driven by Hori Lal on which Ram Autar was seated and for which no permit could be shown by them on demand. Hence they were charge-sheeted and convicted as has been mentioned above. Both the accused preferred appeal. The appeal Judge, Rampur by his judgment dated 23-7-1986 allowed the appeal of Hori Lal but maintained the conviction of applicants. However, his sentence of six months imprisonment and fine of Rs. 200/- was reduced to three months' imprisonment but the fine was maintained. Against the said order the present revision has been filed.

(3.) AFTER hearing both the sides, I feel that in this case the sentence of three months imposed on the applicant can be reasonably reduced. Accordingly while maintaining the conviction of applicant under Section 3/7 of Essential Commodities Act, I reduce his period of sentence to the period of imprisonment already undergone coupled with the fine of Rs. 200/ -. In the event of his failure to deposit the fine, the applicant shall undergo the sentence of one month's rigorous imprisonment. However, if the fine has already been deposited the same shall be adjusted as per the order passed by this Court today. With modification of the sentence mentioned above, this revision stands finally disposed of, Order accordingly. .