STATE OF RAJASTHAN Vs. BHIMARAM

JUDGEMENT

(1.) Vide judgment dated 5-9-80, I had allowed the said appeal and convicted the accused respondent under Sec. 3/7 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') for contravening the conditions in the licence issued to him under form B of the Rajasthan Sugar Dealers Licencining Order, 1967. The case was adjourned for hearing arguments on the sentence part.

(2.) Today, Mr. Bhansali learned counsel for the accused respondent has filed affidavit of the accused Bhomaram that he is suffering from tuberculosis and a certificate from a doctor in support thereof has also been filed from which it appears that the accused respondent is suffering from pulmonary tuberculosis since two years and is still under treatment. The accused is aged about 60 years. The offence was committed in the month of of Jan., 1974. As section 7 of the Act stood then, an offence for contravention of an order made under clause (h) (2) of sub-section (2) of section 3 of the Act was punishable for a term which may extend to one year and also a fine and for any other with imprisonment for a term which may extend to five years and fine but there was a proviso which empowers the court to sentence the accused only to payment of fine in case the court feels that ends of justice would be met.

(3.) The occurrence took place in the month of Jan. 1974, that is, about six years ago, the accused is a patient of tuberculosis and, therefore, I am of the opinion it is a fit case in which under sub-section (1) of section 7 of the Act as it stood on Jan. 1974, a sentence of fine alone shall meet the ends of justice.