HARDAMAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In complaint case No. 7 of 1997 filed by Chief Agricultural Officer, Kapurthala before learned Special Judge, Kapurthala, accused-Hardaman Singh, sole proprietor of M/s Chadha Khad Store, Nadala, District Kapurthala; and accused Nirbhai Singh, Chief Production Officer of M/s Munak Chemicals Limited, Bathinda were convicted by the Court of learned Special Judge, Kapurthala under Sec. 7 of the Essential Commodities Act, 1955 vide judgment dtd. 12/2/2004, on the allegations that fertilizer kept for sale by M/s Chadha Khad Store, Nadala, in the brand name of 'Pooja Brand Singal Super Phosphate', manufactured by M/s Munak Chemicals Limited, on analysis was found to be 'non-standard'. Vide a separate order dtd. 12/2/2004, both these accused i.e. Hardaman Singh and Nirbhai Singh were sentenced to undergo rigorous imprisonment for a period of 02 years each and to pay a fine of Rs.5000.00 each with default sentence of one month rigorous imprisonment in case of non-payment of fine.

(2.) Against the aforesaid conviction and sentence, the two convicts namely Hardaman Singh and Nirbhai Singh have filed the present two separate appeals.

(3.) At the outset, learned counsel for both the appellants submit that offence in question was committed way back in 1996; that conviction was recorded in 2004 after trial of approximately 08 years; that the appellants are facing agony of trial and further proceedings for the last almost 30 years; that both the appellants are now quite aged and so, considering all these circumstances, they be released on probation, as none of the appellants want to press their appeal against conviction.