KESHABHAI MALABHAI VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal was Filed against the order of the High court of Gujarat in Criminal Appeal No. 92 of 1993 dated 25/1/1993, confirming the conviction of the appellant under Section 7 (l) (a) (ii) of the Essential Commodities Act, 1955 for short 'the Act' and sentence of three months' R1 and fine of Rs. 200. 00 in default to undergo simple imprisonment of one week imposed by the Special Judge, Mehsana.

(2.) The charge against the appellant was that he violated Section 2 of the Gujarat Essential Articles (Licensing. Control and Stock Declaration) Order, 1981, for short "the Order' and also violated the conditions of the agreement under Section 7 of the Essential Commodities Act, 1955.

(3.) The contention of Mr Dave, learned counsel for the appellant is that the case falls under Section 7 (l) (a) (i) of the Act and as a result the rigour to impose minimum sentence does not arise and the court below and the High court committed a grave error in convicting the appellant for the offence under Section 7 (l) (a) (ii) of the Act. We find no force in the contention. Section 3 (2 (h) and (i) read thus :