ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence passed by Judge, Special Court under Essential Commodities Act, Fatehabad, whereby the Appellant was convicted under Section 7 of the Essential Commodities Act and sentenced to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs. 25,000/-. In default of payment of fine, he was required to undergo further rigorous imprisonment for one month.

(2.) The Appellant, who was a whole-sale sugar dealer, stands guilty for not updating the records regarding the balance of sugar kept by him. As per the opening balance, the Appellant was supposed to have 81 quintals whereas at the time of raid, deficiency and shortage of 14 quintals was found.

(3.) Learned Counsel for the Appellant has not challenged the impugned judgment of conviction. However, he has submitted that the offence alleged against the Appellant is technical in nature. It was not the case of the prosecution that the Appellant was out to violate the law by omitting to make entries of certain transactions which actually took place. He has been facing the agony of criminal prosecution for the last more than 131/2 years. He has already deposited the fine of Rs. 25,000/-imposed upon him by the trial Court. He is not a previous convict. Therefore, instead of directing the Appellant to serve the sentence of imprisonment imposed upon him, the fine of Rs. 25,000/-awarded by the trial Court be enhanced.