SHASHI BHUSHAN AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Appellants, alongwith Mohan Lal, were tried for offence under Section 7 of the Essential Commodities Act. The trial Court, however, acquitted Mohan Lal of the charge against him whereas the Appellants were convicted for the said offence and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/-each and in default of payment of fine to undergo further rigorous imprisonment for one month. The judgment of conviction and sentence passed by Special Judge, Faridkot on 2.12.1999 stands impugned in the present appeal.

(2.) According to the prosecution on 9.11.1994, the Appellants alongwith their co-accused Mohan Lal were found transferring gas from big cylinders into small cylinders for selling the same in black market.

(3.) Learned Counsel for the Appellants has not challenged the impugned judgment of conviction. However, he has submitted that the Appellants are first offenders and have been facing the agony of criminal prosecution for the last more than 16 years. They are the sole bread winners of their respective families. Moreover, Shashi Bhushan Appellant has remained in jail for a period of three weeks while Krishan Kumar Appellant remained in jail for a period of ten days. Under these circumstances, the remaining sentences of imprisonment of the Appellants be set aside.