BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY way of this appeal, the appellant challenges the judgment of conviction and order of sentence dated 07.09.2001 passed by Special Judge, Sangrur in Sessions case No.9 dated 20.7.1993, B.T.No.26, dated 3.6.1996. Factual matrix emanating from the record suggests that on 12.11.1992, District Food and Supply Officer ( for short -'DFSO'), Sunam, on receipt of a secret information intercepted a tractor -trolley at about 11.30 A.M. which was being driven by the appellant. The tractor -trolley was found to carry, amongst other things, five LPG Gas Cylinders of Indane Company. The appellant could not produce any document authorizing him to carry the aforestated gas cylinders. He was accordingly prosecuted under Section 7 of the Essential Commodities Act, 1955 (for short the 'Act'). On conclusion of trial, the learned Special Judge, Sangrur, onthe basis of evidence available on record, came to a definite conclusion that the prosecution was able to prove its case beyond reasonable doubt and, accordingly while convicting the appellant under Section 7 of the Act, sentenced him to undergo rigorous imprisonment for 01 year and to pay a fine of Rs.500/ -; and in default of payment of fine to undergo further rigorous imprisonment for 02 months.

(2.) DURING the course of hearing, learned counsel appearing for the appellant has stated that the appellant does not impugn the correctness of the finding recorded by the learned trial Court leading to the conviction of the appellant but she prays for leniency as regards the quantum of sentence by stating that the appellant has suffered agony of protracted trial and then a long wait for disposal of the appeal and that he is the only bread winner of his family.

(3.) THE learned State counsel has no objection if some leniency is shown to the appellant regarding quantum of sentence. In consequence, the judgment of conviction is maintained and order of sentence is modified to the extent that the actual sentence of rigorous imprisonment of 01 year as awarded by the trial Court is reduced to 06 months only. However, the sentence of fine and the default clause are maintained.