Crl.Rev.No.2086 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No.2086 of 2009 Date of Decision:- 25.09.2009 Jaswant Singh ....Petitioner(s) vs. State of Punjab ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Rakesh Gupta, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. The present revision petition has been preferred by the petitioner who stands convicted and sentenced for an offence committed under Section 7 of the Essential Commodities Act. On the prosecution launched against the petitioner, the learned Judicial Magistrate, Ist Class Dasuya, vide his judgment dated 14.3.2007 held the accused-petitioner guilty for using liquified petroleum gas cylinders, meant for domestic use, in the Dhaba for cooking meals on 8.8.2003 in the area of Bhangala, Police Station Mukerian, i.e. for commercial purposes and accordingly, convicted him under Section 7 of the Essential Commodities Act and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- and in default of payment of fine, to further undergo RI for one month. Against the said judgment and order, an appeal was preferred Crl.Rev.No.2086 of 2009 2 by the petitioner, which was, however, dismissed by the learned Additional Sessions Judge (Ad hoc)Fast Track Court, Hoshiarpur vide judgment dated 29.7.2009 thereby upholding the conviction and sentence imposed upon him by the learned trial Court. Counsel for the petitioner did not press the present petition on merits and had only prayed for interference by this Court on the question of quantum of sentence. On this limited plea of the counsel for the petitioner, notice was issued to the State. Counsel for the petitioner contends that the petitioner is the only male member to look after his family and is the sole bread winner of his family and he has not been convicted previously. He further contends that the only offence for which the petitioner has been convicted is the recovery of domestic gas cylinders which are not meant to be used for commercial purposes. However, the petitioner was using the same for cooking meals in a Dhaba from where the said domestic gas cylinders were recovered. He contends that the petitioner has faced the agony of protracted trial/appeal for the last more than six years. He further contends that out of the six LPG cylinders recovered from the petitioner, only one cylinder was filled while the other cylinders were found empty. He, thus, contends that the accused was not found using the cylinders and was merely in possession of the same and, therefore, prays for taking of a lenient view on the quantum of sentence so passed by the Courts below. On the other hand, counsel for the State although does not dispute the factum of the protracted trial and thereafter the period exhausted in preferring in the appeal as also the factum that the petitioner is the sole bread winner for the family; however, he submits that the petitioner does Crl.Rev.No.2086 of 2009 3 not deserve a lenient view as far as the sentence is concerned. I have heard counsel for the parties and have gone through the records of the case. Undisputedly, the present petitioner is facing the agony of protracted trial/appeal for the last more than 6 years and there is nothing on the record to suggest that they have repeated the offence after having been released on bail or they are previous convicts. Thus, the ends of justice would be duly met with if the sentence awarded to petitioner under Section 7 of the Essential Commodities Act is reduced to the period already undergone, however, subject to payment of fine which stands enhanced from Rs.1000/- to Rs.5000/-, to be deposited within a period of three months. It is ordered accordingly. The above reduction in sentence shall come into effect from the date of deposit of the fine by the petitioner, as assessed above. With the above modification in the sentence, the present revision petition stands disposed of. September 25, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE