Partly allowed

Shoanlal Agrawal v. State

Orissa HC16 Jul 2019CRA/275/1991

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the appeal with modification. The conviction for violation of licensing orders under the Essential Commodities Act was maintained, but the sentence was altered to a fine instead of imprisonment due to the appellant's age and the long delay in the appeal.

What did the court decide?

Conviction maintained; sentence modified to fine of Rs. 10,000/- in default to undergo rigorous imprisonment for six months.

Shoanlal Agrawal Vs State — Service and Employment | Orissa HC (2019)

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IN THE HIGH COURT OF ORISSA, CUTTACK CRL. APPEAL NO. 275 OF 1991

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From the Judgment of conviction and order of sentence dated 10.10.1991 passed by the learned Judge Special Court, Sambalpur in T.R. Case No. 09 of 1986.

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………

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Sohanlal Agrawala :::: Appellant. -:: VERSUS ::State of Orissa :::: Respondent. For the Appellant :::: M/s. N.C. Pati, B. Pati, M.R. Dash, B. Das, B. Sahoo, A.K. Sahoo, B. Das, Miss B. Pati, M.R.Das, Advocates. For the Respondent :::: Mr. P. Ch. Das, (Addl. Standing Counsel) ………

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PRESENT:

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THE HON’BLE MR. JUSTICE D.DASH

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-----------------------------------------------------------------------------------------Date of Hearing & Judgment :::: 16.07.2019

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------------------------------------------------------------------------------------------

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The appellant in this appeal has assailed the judgment of conviction and order of sentence dated 10.10.1991 passed by learned Judge Special Court, Sambalpur in T.R. Case No. 09 of 1986.

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The appellant has been convicted for offence under section 7 of the Essential Commodities Act for having acted in violation of Clause -3 of the Orissa Pulses, Edible Oil seeds and Edible Oil Declares’ (Licensing) Order, 1977. He has been acquitted of the

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charge regarding the violation of Clause-3 of Orissa Declaration of stocks and Price of Essential Commodities Order, 1973 on the ground that his business premises i.e. M/s. Bhawani Rice & Oil Mill being closed on that relevant date of inspection i.e. 21.01.1986, no fault can be attributed to him for non display of stock position of the essential commodities and price thereof as mandated under the said Order.

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The appellant has been found guilty for violation of Clause -3 of the Orissa Pulses, Edible Oil seeds and Edible Oil Declares’ (Licensing) Order, 1977, for the reason that he was then carrying on business in dealing essential commodities such as groundnut and groundnut oils as a ‘dealer’ without the required lawful authority, license/ or such other document. Accordingly, the appellant has been sentenced to undergo rigorous imprisonment for 3 months and to pay fine of Rs. 10,000/- in default to undergo simple imprisonment for two months. Admittedly, the appellant was issued with a license as required under the said Order for the above essential commodities having its validity till 31.03.1985. However, he had not applied for its renewal on or before the said date of expiry and the application for renewal being given thereafter on 30.12.1985. It was lying as it is without being attended to or rejected as on date of inspection of the business premises. Had the application being tendered by the accused on or before 31.03.1985 and would have

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been lying as it is; no fault on that account could have been attributed to him. The earlier license would have been deemed to have been in force. So, here in the case in hand one technical violation has arisen. It is that the application has been tendered after 11 months of the expiry of earlier license. But it being before the inspection; it cannot be said to have been an afterthought or in management of the situation as detected in the inspection.

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Learned counsel for the appellant (accused) submits that at present the accused has crossed his seventies and he has been facing the case since 1986 for more than 30 years when this appeal has been pending since 1991. He submits that for the above, the accused has undergone severe mental pain and agony. Placing the evidence record, while submitting that the violation shown by the prosecution is too technical, he of course fairly submits that no such ground exists in the case so as to set aside the finding of guilt rendered against the accused by the trial court. In view of above, it is submitted that in the interest of justice and to meet its end, at this stage the custodial sentence be suitably modified by imposition of fine with default stipulation.

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On perusal of the evidence on record, I am satisfied that the appellant has been rightly held guilty for commission of offence under section -7 of the Essential Commodities Act for violation of

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clause -3 of the Orissa Pulses, Edible Oil seeds and Edible Oil Declares’ (Licensing) Order, 1977.

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Considering the submission of the learned counsel for the petitioner in the matter of the imposition of sentence and taking a view that it would neither be in the interest of justice nor would meet its end if the accused at this age after lapse of about 33 years since detection, is sentenced to undergo rigorous imprisonment, the appeal stands disposed of with the following order:-

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“The conviction of the accused for commission of offence

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section 7 of the Essential Commodities Act for violation of Clause-3 of the of the Orissa Pulses, Edible Oil seeds and Edible Oil Declares’ (Licensing) Order, 1977 being maintained, he is sentenced to pay fine of Rs. 10,000/- in default to undergo rigorous imprisonment for a period of six months”.

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With the above modification only in the matter of award

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of sentence, the appeal stands disposed of.

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…………………….. D. Dash, J.

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Orissa High Court, Cuttack Dated the 16^th day of July, 2019/ Narayan

Shoanlal Agrawal v. State

Case brief

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Shoanlal Agrawal v. State

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