ANIL KUMAR AND ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is to judgment and order dated 13/15.02.2001, whereby the appellants have been convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine amounting to Rs. 1,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of two months, each, under Section 7 of the Essential Commodities Act, 1955 (for short 'the Act') on proof of the allegation that they were unauthorizedly selling the LPG cylinders.

(2.) Learned counsel for the appellants, at the very outset, submits that the appellants do not dispute the findings of conviction recorded by the learned trial Court but pray for leniency as regards the quantum of sentence for the reason that the appellants are in their forties and have spent best part of their youth in facing the investigation, a protracted trial and consequent proceedings since 14.01.1999, the day on which FIR was recorded; and are the only bread winners of their respective families. In view of these circumstances, the learned counsel for the appellants prays for release of appellants on probation.

(3.) Learned counsel for the appellants relies upon the following judgments to support his contention that probation can be granted in a case under Section 7 of the Act:-