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2022 Supreme(P&H) 1980

SANJAY VASHISTH
Janta Fertilizer Centre – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Gaurav Chopra, Senior Advocate, with Mr. Saurabh Jain, Advocate, (In Cra-S-2237-Sb-2003) Mr. Sunil Chadha, Senior Advocate, with Ms. Kashish Aggarwal, Advocate, (In Cra-S-2260-Sb-2003) Mr. Jugansh Goyal, Advocate, for Mr. Denesh Goyal, Advocate, (In Cra-S-2293-Sb-2003), for the Appellant; Mr. J.S. Arora, Deputy Advocate General, Punjab, for the Respondent.

JUDGMENT

Sanjay Vashisth, J. - This judgment shall dispose of three appeals, bearing Nos. CRA-S-2237-SB-2003, CRA-S-2260-SB-2003 and CRA-S-2293-SB-2003, filed against the judgment of conviction and order of sentence, dated 22.11.2003, passed by learned Special Judge, Kapurthala, in Complaint Case No. 9 of 20.10.1997/RBT No. 23 of 01.08.2002, vide which the accused/appellants were held guilty for contravention of the provisions of Clause 19 of the Fertiliser (Control) Order, 1985 (hereinafter referred to as 'the 1985 Order') and convicted for the offence punishable under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the 1955 Act').

Convicts - Kulwant Singh, Kewal Singh, Harbans Singh, Sadhu Singh and Nirbhai Singh were sentenced to undergo rigorous imprisonment for a period of two years each and to pay fine of Rs. 3,000/- each and in default of payment of fine to undergo further rigorous imprisonment for a period of one month each, whereas M/s Janta Fertilize

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