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1989 Supreme(Raj) 485

M.B.SHARMA
Prabhu Dayal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
P. Balwada, for Petitioner; S.C. Sharma, Public Prosecutor, for State

M.B. SHARMA, J.—I have heard learned counsel for the petitioner in this revision which is directed against the judgment of the learned Sessions Judge, Sawai Madhopur dated May 3, 1986. Under the aforesaid judgment the learned Sessions Judge partly allowed the appeal filed by the accused petitioner before him and while maintaining the conviction of the accused petitioner under Sec. 3/7 of the Essential Commodities Act, 1955 and taking into consideration the fact that the incident took place on April 1, 1974 and by the time the appeal was disposed of 12 years had already passed, reduced the sentence from 2 years rigorous imprisonment to 6 months rigorous imprisonment and to pay a fine of Rs. 1,000/-, or in default of payment of fine to further suffer six months rigorous imprisonment.

2. I need not go into the facts of the case and it is suffice to say that so far as contravention by the accused petitioner of the Rajasthan Sugar Wholesale,Dealer Licensing Order, 1967 is concerned, there is sufficient material on record that such contravention took place. There can be no dispute that the incident took place in 1974 and therefore a period of more than 15 years have already elapsed since


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