SHIVA SALES Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against judgment dated 22.10.1999 passed by the Special Judge, Mansa, whereby appellants were convicted under Section 7 of the Essential Commodities Act, 1955 (for short "the Act") and sentenced them to undergo rigorous imprisonment for a period of two years each with a fine of Rs. 4,000/- each; in default thereof, they were sentenced to further undergo rigorous imprisonment for a period of one month each.

(2.) Learned counsel at the outset has contended that he does not challenge the conviction of the appellants on merit and confines his arguments only on the point of quantum of sentence. Learned counsel further submits that a case under section 7 of the Essential Commodities Act, 1955 (for short "the Act") was registered in the year 1991. The present appellants were convicted and sentenced vide judgment dated 22.10.1999 passed by the Special Judge, Mansa. Learned counsel further submits that during this period the appellants have been facing mental agony of the trial and a sword of conviction has been persistently hanging over their head since then. Learned counsel prays that a lenient view be taken against the appellants in the matter of sentence. Learned counsel has further submitted that keeping in view the facts and mitigating circumstances of the appellants as also the fact that the appellants, being the first offenders, be released on probation of good conduct.

(3.) Since the prayer made by the learned counsel appearing for the appellants has been restricted only on the quantum of sentence, therefore, in order to avoid repetition of facts in the judgment herein, I do not consider it necessary to recapitulate the same again, since they have been narrated in the judgment of the court below in details.