Essential Commodities Act, 1955
Section 7 read with Section 3 read with Sections 3, 4 & 5 of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000 and Section 23 of the Petroleum Act, 1934 as well as Section 285 of IPC—Conviction and sentence awarded by the trial court confirmed by the Appellate Court—Order of the Appellate Court challenged before the High Court—High Court upheld the conviction, however, modified the sentence from 6 months simple imprisonment to the period of 45 days simple imprisonment with fine—Appeal—Submission that appellant is a poor labourer involved in delivery of cylinders and has already spent three days in judicial custody—After hearing the parties and having perused the material place on record, the Apex Court find no error in the impugned order recording conviction—Conviction affirmed by the Apex Court but the sentence further reduced to the period already undergone by the appellant i.e. three days.
[Paras 3 to 6]
Decision : Sentence modified