RAMESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) G. S. N. Tripathi, J. This revision has been admitted on the point of sentence only.

(2.) THE Inspector, Weights and Measures, Robertsganj, on inspection found the accused-appellant in possession of measurement scales of 200 gms, 100 grams 50 grams, 20 grams and 10 grams, which had not been verified. THE accused was challaned under Sections 30 and 31 of the Standards of Weights and Measures (Enforcement) Act, 1985 and sentenced to undergo 3 months' simple imprisonment and to pay a fine of Rs. 100, with the help of Secsion 50 of the aforesaid Act. On failure to pay the fine, further one month's simple imprisonment was awarded. This order was passed by the learned Chief Judicial Magistrate, Sonbhadra, dated 9-4-1996. THE accused preferred an appeal before the Sessions Judge, Sonbhadra, being criminal appeal No. 12/96. That was decided on 11-4-1996. THE learned Session Judge confirmed the finding recorded by the learned lower Court and held that the accused was guilty of the charge under Section 45 (b) of the Act. He, however, modified the sentence of fine of Rs. 100 was not paid, with the observation that on failure to pay the fine, the sentence of one weeks simple imprisonment shall have to be under gone by the accused.

(3.) KEEPING in mind the totality of the circumstances into considera tion, I confirm the conviction and sentence recorded by both the courts below with a modification that the accused shall undergo only 2 months simple imprisonment. The sentence of fine is maintained as duly modified by the learned appellate court.