SURJITSINGH BISHANSINGH Vs. KARANSINGH BANWARILAL

JUDGEMENT

(1.) This appeal is directed against the order of sentence passed by the learned Presidency Magistrate, 25th Court, Mazgaon, Bombay. Both the appellants were prosecuted for carrying 7659 kgs. of rice after acquiring the same into Bombay rationed area. They were therefore charged for the offences punishable under clauses 8 and 23 of the Maharashtra Foodgrains Rationing (Second) Order, 1966 (hereinafter called "the Order") read with sections 7 and 8 of the Essential Commodities Act, 1955. I am asked to intervene only in the matter of sentence inflicted by the trial Court. Both the appellants were not only convicted for the offence punishable under clause 8 of the Order but also convicted for the offence punishable under clause 23 of the Order and on each of the two counts they were sentenced to undergo simple imprisonment for one day and to pay a fine of Rs. 2,000 in default to suffer rigorous imprisonment for six months. The objection is to the sentence inflicted on both the counts. The point therefore that arises here for consideration is whether the learned Magistrate was right in inflicting the sentence on both the counts.

(2.) Clause 8 of the Order is as follows:

(3.) The relevant portion of clause 23 of the Order is as follows: