RAJESH KUMAR JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been filed by the accused-appellant (for brevity "the appellant") against the judgment dtd. 29/4/1989 passed by the learned Special Court (Essential Commodities Act), Jaipur (for brevity "the learned trial Court") in Criminal Case No. 5/1987 (summary trial): State of Rajasthan v. Rajesh Kumar. whereby, the appellant has been convicted and sentenced as under:--

(2.) The relevant facts in brief are that on an inspection dtd. 24/5/1985 by the Enforcement Inspector of the fair price shop of the appellant under order of the District Supply Officer, Jaipur, various irregularities were found whereupon, an FIR dtd. 6/7/1985 (Ex-P-18) was registered against him with the Police Station Bandikui under Sec. 3/7 of the Act of 1955. After investigation, charge-sheet was filed against him. The trial Court narrated substance of accusation under Sec. 3/7 of the Act of 1955 to the appellant who pleaded not guilty. After summary trial, the appellant has been convicted and sentenced as stated hereinabove.

(3.) Eschewing the merits of the case, learned counsel for the appellant submits that the incident is of about 38 years old, the appellant is aged about 60 years with no previous conviction and prays for the benefit of probation under the Probation of Offenders Act, 1958 (for brevity, "the Act of 1958"). He submits that the Hon'ble Supreme Court of India has, vide judgment dtd. 10/5/2023 in case of Tarak Nath Keshari v. State of West Bengal, Criminal Appeal No. 1444/2023, held that the appellant convicted of sentence under Sec. 3/7 of the Act of 1955 is entitled for the benefit of probation despite there being minimum sentence.