Uma Shanker vs State of U.P.

R.P. Shukla, J.—This revision is directed against the judgment and order dated 2-4-1986 passed by the IV Additional District and Sessions Judge, Ghazipur, dismissing the appeal preferred by the applicant against the order dated 26-3-85 passed by the Special Judicial Magistrate, Ghazipur, convicting and sentencing the applicant u/s 3/7 of the Essential Commodities Act to undergo RI for a year. The revision was admitted on the question of sentence and on a statement made on behalf of the applicant that the applicant is a boy of 25 years of age.

Briefly stated the facts are that the applicant was a dealer in sugar and instead of selling sugar to the genuine ration card holders, he sold the sugar in black market and forged the signatures and thumb impression of the genuine ration card holders on his sale register and the stock register and this offence was committed by him in between 3-7-80 and 5-7-80. The applicant is a young lad of 25 years age and, from the perusal of the two judgments against him it appears that he has no conviction at his credit and he committed this offence out of the greed to earn money. The sentence of fine, in my opinion shall meet the ends of justice. The applicant is therefore, sentenced to RI already undergone by him and to pay a fine of Rs. 1,000/- instead of one year''s RI awarded to him by the Courts below.

With the aforesaid modification in the sentence the revision is dismissed. The applicant is in jail; he shall be released forthwith. He shall deposit the amount of fine of Rs. 1000/- within fifteen days, and, in default of payment of fine he shall undergo RI for three months.

Let a copy of this order be given to the learned Counsel for the applicant on payment of usual charges within 24 hours.