Mahesh Chandra, J. - (1.) The accused appellant Vishwanath has filed this appeal against the judgment and order dated 5.7.1990 of the Special Judge for Essential Commodities Act, Jhunjhunu in Criminal Case No. 1/1985 whereby he has been convicted under 3/7 of the Essential Commodities Act to suffer sentence of three, months Rl and fine of Rs.3,000/- and in default of payment of fine fifteen days simple imprisonment.
(2.) The learned counsel for the appellant has not challenged the conviction of the appellant under section 3/7 of the Essential Commodities Act but he has only requested that the occurrence took place on 8.8.1985 which is 27 years ago and the accused appellant is having family and he belongs to a respectable family, hence he should be released on probation. He has placed reliance on Om Prakash v. State of Rajasthan SB Criminal Appeal No. 246 of 1988, decided on 29.3.2013 , wherein this court on the basis of the ruling of the Apex Court in Harivallabha and another v. State of M.P., 2005(10) SCC 330 , In Om Prakash v. State of Rajasthan this Court while giving the benefit of section 360 Cr.PC. given the benefit of probation to the accused petitioner in a matter of 3/7 of the Essential Commodities Act.
(3.) The learned public prosecutor opposed the same.;