1. Conviction under Section 7 of the Essential Commodities Act, 1955 — Appeal against High Court's affirmation of conviction and sentence. (Para 1 )
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2017 Supreme(SC) 978
SUPREME COURT OF INDIA
R.K. AGRAWAL, S. ABDUL NAZEER, JJ.
DHURUKUMAR S/O RADHAKISHAN PITTI & ANR. – APPELLANTS
VERSUS
THE STATE OF MAHARASHTRA – RESPONDENT
CRIMINAL APPEAL NO. 1760 OF 2009
Decided On : 04-10-2017
IMPORTANT POINT
First time offenders should be tried in accordance with section 360 CrPC.
Headnote:Code of criminal Procedure, 1973 – Section 360 – Appellants first time offenders – Held, entitled to be tried u/s 360 – Also held entitled to benefit of Probation of Offenders Act, 1958. (Para 2)
Facts of the case:
The appellants were convicted u/s 7 of the Essential Commodities Act, 1955 and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs.500/-each and in case of default, they were directed to undergo a further imprisonment for a period of 15 days.
The High Court upheld the conviction and sentence of fine.
Finding of the Court:
Appellants, being first time offenders, are entitled to be tried u/s 360 and also to benefit of Probation of Offenders Act, 1958.
Result: Appeals allowed.
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Table of Contents
2. Submission that appellants are first offenders and should be dealt with under Section 360 of the Code of Criminal Procedure, 1908. (Para 2 )
3. Appellants are first offenders without prior antecedents, justifying the application of Section 360 of the Code of Criminal Procedure, 1908, and the Probation of Offenders Act, 1958. (Para 2 )
4. First-time offenders without criminal antecedents may be granted the benefit of probation under Section 360 of the Code of Criminal Procedure, 1908. (Para 2 )
5. Conviction and fine upheld; imprisonment set aside; trial court directed to deal with appellants under Section 360 of the Code of Criminal Procedure, 1908. (Para 2 )
6. Under what circumstances can a convict be dealt with under Section 360 of the Code of Criminal Procedure, 1908?
A convict may be dealt with under Section 360 of the Code of Criminal Procedure, 1908, and granted the benefit of the Probation of Offenders Act, 1958, if they are first offenders without prior criminal antecedents. (Para 2 )
7. Can a court set aside a sentence of imprisonment while upholding the conviction and fine?
Yes, the court may uphold the conviction and fine but set aside the sentence of imprisonment, directing the trial court to apply probation provisions under Section 360 of the Code of Criminal Procedure, 1908. (Para 2 )
JUDGMENT
S.ABDUL NAZEER, J.
1. The appellants were convicted by the trial court under Section 7 of the Essential Commodities Act, 1955 and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs.500/-each and in case of default, they were directed to undergo a further imprisonment for a period of 15 days. The High Court upheld the conviction and sentence of fine. The appellants have challenged the legality and correctness of the said judgment in this appeal.
2. Having heard learned counsel for the parties, we do not find any ground to interfere with the judgment of the High Court. At this stage, learned counsel for the appellants submitted that the appellants are the first offenders. Therefore, the appellants may be dealt with under Section 360 of the Code of Criminal Procedure, 1908. It is true that the appellants do not have antecedents of offender. Both of them are the first offenders. Having regard to the facts and circumstances of the case, we are of the view that the appellants should have been dealt with under Section 360 Cr.P.C. The ends of justice would be met by granting the benefit of Probation of Offenders Act, 1958 to the appellants. We order accordingly. Hence, the appeal is allowed in part and while upholding the conviction and sentence of fine awarded to the appellants, sentence of imprisonment awarded against them is set aside and the trial court is directed to deal with them under the provisions of Section 360 of the Code of Criminal Procedure, 1908.
