Honble GUPTA, J.–This revision is directed against the appellate judgment dt. 30.11.1998 passed by learned Addl. Sessions Judge No.1, Kota whereby he upheld the conviction of petitioner under Sec. 3/7 of Essential Commodities Act and sentence of six months R.I. and a fine of Rs. 1,000/-.

(2). It is not necessary to state the facts of the case in detail as Mr. Singhi fre- quently concedes that the prosecution has successfully brought home the guilt of the accused and he does not challenge the conviction. His only submission is that the matter pertains to the year 1980 and thus about 18 years have elapsed and the petitioner who is about 65 years of age has already suffered a lot and, therefore, the period already undergone by him may be considered sufficient sentence. Mr. Singhi relies on the cases of Prabhu Dayal vs. State of Rajasthan (1), and Rajendra Kumar vs. State of Rajasthan (2).

(3). The learned Public Prosecutor on the other hand supports the order of the Appellate Court.

(4). The prosecution case is that on 1.8.1980 Mr. Jagdish Narayan, Enforce- ment Inspector had inspected establishment of the petitioner who was a kerosene dealer on physical checking it was found that there

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