STATE OF ORISSA Vs. RAMACHANDRA AGARWALLA AND ORS.

JUDGEMENT

(1.) THE State of Orissa has applied for a certificate of fitness for appeal to the Supreme Court as provided under Article 134(1)(c) of the Constitution against the final order passed by one of us (Panda, J.) in Criminal Miscellaneous Case No. 131 of 1973 and the connected matters on applications made under Section 561A of the Code of Criminal Procedure. The consolidated order of this Court is reported in Ramchandra Agarwal v. State : 39 (1973) C.L.T. 915.

(2.) EIGHT dealers in groundnut oil were individually prosecuted under Section 20(e) of the Forward Contracts (Regulation) Act, 1952 and three separate instances of forward contract were picked up as the subject matter of prosecution. The learned trying Magistrate convicted them and imposed a consolidated fine of Rs. 2, 000/ - with a default sentence of three months ' simple imprisonment in each of the cases. The learned Sessions Judge while dealing with the appeals of the accused persons found that while the Act had provided a fine of Rs. 1,000/ - as the minimum punishment, the trial Court had imposed a consolidated fine of Rs. 2,000/ - for three offences. In his view such sentence has not in accordance with law as contained in Section 367(2) of the Code of Criminal Procedure. While sustaining this conviction, he set aside the consolidated sentences of fine and recommended under Section 438 of the Code of Criminal Procedure to this Court to pass appropriate sentences.

(3.) THEREUPON eight applications one in each case were issued purporting to be under Sections 56 I -A and 562 of the Code of Criminal Procedure for review so far as the sentence was concerned contending, inter alia,: