JANTA FERTILIZER CENTRE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment shall dispose of three appeals, bearing Nos. CRA-S-2237-SB-2003, CRA-S-2260-SB-2003 and CRA-S-2293-SB-2003, filed against the judgment of conviction and order of sentence, dtd. 22/11/2003, passed by learned Special Judge, Kapurthala, in Complaint Case No. 9 of 20/10/1997/RBT No. 23 of 1/8/2002, vide which the accused/appellants were held guilty for contravention of the provisions of Clause 19 of the Fertiliser (Control) Order, 1985 (hereinafter referred to as 'the 1985 Order') and convicted for the offence punishable under Sec. 7 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the 1955 Act'). Convicts - Kulwant Singh, Kewal Singh, Harbans Singh, Sadhu Singh and Nirbhai Singh were sentenced to undergo rigorous imprisonment for a period of two years each and to pay fine of Rs.3,000.00 each and in default of payment of fine to undergo further rigorous imprisonment for a period of one month each, whereas M/s Janta Fertilizer Centre, Mandi Road, Sultanpur Lodhi, and M/s Munak Chemicals Limited Bathinda were sentenced to pay fine of Rs.5,000.00each for the offence punishable under Sec. 7 of the 1955 Act.

(2.) Criminal Appeal No. CRA-S-2237-SB-2003, has been filed by the distributors, i.e. (1) M/s Janta Fertilizer Centre, Mandi Road, Sultanpur Lodhi, through Kewal Singh, (2) Kewal Singh, (3) Harbans Singh, and (4) Sadhu Singh. Criminal Appeal No. CRA-S-2260-SB-2003 has been filed by the dealer Kulwant Singh (sole proprietor of M/s Rana Khad Store, Dalla, District Kapurthala). And, Criminal Appeal No. CRA-S-2293-SB-2003 has been preferred by the manufacturers, i.e. (1) M/s Munak Chemicals Limited, Dabwali Road, Bathinda, and (2) Nirbhai Singh. No separate appeal was filed by M/s Rana Khad Store, Dalla, District Kapurthala.

(3.) During pendency of aforementioned appeals, Kewal Singh (appellant No. 2 in CRA-S-2237-SB-2003) expired on 17/4/2015, and vide order dtd. 14/10/2015, appeal qua him stands abated.