RAMESH CHAND BAJAJ Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Mishra, J. This revision is directed against the order dated 20-1-84 passed by II Additional Sessions Judge dismissing the appeal preferred against the order dated 7-1-83 passed by Judicial Magistrate City/special Judicial Magistrate, Saharanpuf by which the revisionist was convicted under Section 3/7, Essential Commodities Act and sen tenced to three months rigorous imprison ment and to a fine of Rs. 4,000/- and in default to undergo imprisonment for one year. In appeal, it was directed that in default of payment of fine the accused shall undergo simple imprisonment for six months.

(2.) THIS revision was admitted on the question of sentence only.

(3.) THE revisionist was convicted for breach of the old Control Order in not obtaining licence for the year 1978-79. THE revision has remained pending for no fault of the revisionist. It would not be proper to send the revisionist to jail after such a long time. It is true that a minimum sentence of three months has been provided in the Essential Commodities Act but the proviso empowered the Court to impose a sentence of imprisonment for a term of less than three months for any adequate and special reason to be men tioned in the judgment. In view of this provision and considering that there are adequate and special reasons for not send ing the revisionist to jail after such a long time, I think proper to modify the sen tence to the sentence already undergone and to fine of Rs. 10. 000/ -. THE order is modified accordingly. In default of pay ment of fine, the revisionist shall undergo imprisonment for three months. Revision partly allowed. .