STATE Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 Cr.P.C. has been preferred with the following prayer:-

(2.) Brief facts of the case as placed before the Court by learned Public Prosecutor appearing for the State-Appellant are that on 16/8/1994 the Enforcement Officer, Shri Ram Chandra, searched the house of the respondent in the presence of his father, and upon checking the tanker present in the house found 1000 litres diesel present in it, and that the respondent did not have a bill / receipt for the same. The Enforcement Officer took three samples of the diesel so found, and after finding that the respondent was in illegal possesion of the said diesel, a report was submitted at the Police Station, Hinduman Kot, and a case was registered against the respondent under Ss. 3/7 Essential Commodities Act, 1955. Subsequently, the chargesheet was filed and charges were framed against the respondent. Upon trial, the learned Court below convicted respondent for the offence under the aforementioned sec. but looking to the fact that it was the first offence of the respondent and that the case had remained pending for 3 years, when the impugned order was passed; deemed it fit to award the accused-respondent with imprisonment upto rising of the Court day, on that particular day, and with a fine of Rs.500.00in default of which he was to further undergo 7 days S.I., vide the impugned judgment 2/12/1997.

(3.) Learned Public Prosecutor also submits that the learned Court below has erred in passing the impugned order, as it failed to take into consideration the settled law, that provision of law laid down in the proviso to Sec. 7(1) (A) sub-clause II which states conferred powers upon the competent Court to reduce the sentence that may be awarded to an accused therein, to under 3 months, which was deleted with effect from the year 1982.