STATE OF ORISSA Vs. RAM GHANDERAGARWALA

JUDGEMENT

(1.) These appeals are by State of Orissa by certificate granted by the Orissa High Court against the judgment in Criminal Miscellaneous Cases Nos. 131 to 138 of 1973.

(2.) The eight respondents before this court field a batch of eight criminal miscellaneous petitions under Sections 561-A and 562 of the Code of Criminal Procedure for a review of the orders passed by the High Court in Criminal Reference Nos. 13 and 15 to 21 of 1972 on 7-5-1973, enhancing their sentence of fine of Rs. 2,000 to one of rigorous imprisonment for six months.

(3.) The facts of the case are briefly as follows:- On 1-2-1967, the Vigilance Police filed nine criminal cases against certain firms and their partners or proprietors under Section 20 (e) of the Forward Contracts (Regulation) Act, 1952 (Act 74 of 1952). The cases were tried by the Additional District Magistrate (Judicial), Cuttack. The District Magistrate found the firms and persons, in management of the business, guilty of the offences with which they were charged and inflicted a consolidated fine of Rs. 2,000 with the direction that, they would suffer simple imprisonment for three months in default of payment of fine. Against their conviction and sentence, the accused preferred an appeal to the Session Judge. The Sessions Judge, while dimissiing the appeals, found that the law required imposition of a minimum sentence of the of Rs. 1,000 for each offence and as the sentence passed by the trial court was not in accordance with the law, he referred the matter to the High Court for passing of appropriate sentence. The accused preferred Revision Petition against the order of the Session Judge. The Reference made by the Sessions Judge as well as the revision petitions were heard by the High Court. The High Court, while dismissing the Revision Petitions preferred by the accused accepted the Reference by the Sessions Judge and enhanced the sentence so far as the firms are concerned, to a sum of Rupees 3,900/- as the rate of rupees one thousand and three hundred for each offence. As regards the Managers or the managing partners, the High Court sentenced them to six months rigorous imprisonment, i e., two months for each deal.