Dhurukumar vs The State Of Maharashtra

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURSIDCITON

CRIMINAL APPEAL NO. 1760 OF 2009

DHURUKUMAR S/O RADHAKISHAN PITTI & ANR. … APPELLANTS

VERSUS

THE STATE OF MAHARASHTRA …RESPONDENT

JUDGMENT

S.ABDUL NAZEER, J.

1. The appellants were convicted by the trial court under

Section 7 of the Essential Commodities Act, 1955 and sentenced

to undergo rigorous imprisonment for three months and to pay a Signature Not Verified

fine of Rs.500/- each and in case of default, they were directed to Digitally signed by MEENAKSHI KOHLI Date: 2017.10.04 15:01:27 IST Reason:

undergo a further imprisonment for a period of 15 days. The 2

High Court upheld the conviction and sentence of fine. The

appellants have challenged the legality and correctness of the

said judgment in this appeal.

2. Having heard learned counsel for the parties, we do not find

any ground to interfere with the judgment of the High Court. At

this stage, learned counsel for the appellants submitted that the

appellants are the first offenders. Therefore, the appellants may

be dealt with under Section 360 of the Code of Criminal

Procedure, 1908. It is true that the appellants do not have

antecedents of offender. Both of them are the first offenders.

Having regard to the facts and circumstances of the case, we are

of the view that the appellants should have been dealt with under

Section 360 Cr.P.C. The ends of justice would be met by granting

the benefit of Probation of Offenders Act, 1958 to the appellants.

We order accordingly. Hence, the appeal is allowed in part and

while upholding the conviction and sentence of fine awarded to

the appellants, sentence of imprisonment awarded against them

is set aside and the trial court is directed to deal with them under 3

the provisions of Section 360 of the Code of Criminal Procedure,

1908.

………………………………J. (R.K. AGRAWAL)

………………………………J. (S. ABDUL NAZEER) New Delhi;

October 4, 2017.