WASDEV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present appeal conviction of accused appellant by the learned trial Court is not assailed. It has been urged that the occurrence is dated 22nd November, 1984; nearly six years old. Accused appellant has been doing this business from 1969-70 and is still the first offender. The offence charged against him is complete absence of Nitrogen from fertilizer contents. Substantive sentence awarded to the appellant by the learned trial Court is rigorous imprisonment for a period of two months only. Learned counsel for the appellant thus contends that the appellant has already suffered a great setback to his business and should, therefore, be dealt with under Section 360 of the Criminal Procedure Code, 1973.

(2.) There is merit in the contention raised. Accused appellant would, therefore, execute before the learned Chief Judicial Magistrate, Gurdaspur, within three months from today a bail bond with one surety in the amount of Rs. 5,000/- and a personal bond in the like amount undertaking to appear and receive the sentence as and when called upon to so within one year from the date of the execution of the bond and in the meantime to keep the peace and be of good behaviour for the same period of one year. Fine imposed upon the appellant by the learned trial Court would be appropriated by the State on realisation as costs of proceedings taken by it against the appellant.