NIRANJAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Kerosene Depot Holder Sihi, Tehsil Ballabgarh District Faridabad named Shiv Kumar and his father Niranjan allegedly sold 220 litres of kerosene oil in black market at the rate of Rs. 3/- per litre to Hanuman P.W.3 on September 12, 1985. On prosecution Special Judge under the Essential Commodities Act vide his impugned judgment dated May 2, 1986 convicted them both of the commission of the offence of having violated the provisions of Haryana Kerosene Dealer Licensing Orders, 1976 punishable under Section 7 of the Essential Commodities Act, 1955 and sentenced each one of the two convicted accused individually to undergo rigorous imprisonment for a period of nine months and to pay Rs. 1,500.00 each as fine. In default of payment of fine each one of the two convicted accused was ordered individually to undergo rigorous imprisonment for a period of three months. Feeling aggrieved therefrom, both the convicted accused have jointely filed Cr1. Appeal No. 304-SB of 1986 in this Court.

(2.) I have heard Shri R.S. Rai, Advocate, for the two appellants, Shri D.S. Bishnoi, D.A.G. Haryana for the State and have perused the entire relevant material on record very carefully.

(3.) Learned counsel for the two accused appellants has not assailed their conviction. The only prayer made before me is for giving them the benefit of probationary provisions on the ground that both the convicted accused are first offenders and have been facing long drawn prosecution for seven years by now; the occurrence being of September 12, 1985. I feel there is ample justification for !he prayer made.