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 Case Digest

Essential Commodities Act, 1955
Section 7 (1) (a) (ii), Paragraph 15 of DPCO
Section 7 (1) (a) (ii), Paragraph 15 of DPCO
It is not necessary that the accused should be awarded imprisonment - Appeal against judgment order of acquittal—held that the prosecution has satisfactorily and beyond reasonable doubt established the offence against the accused—It is a first offence and it is not necessary that the accused should be awarded imprisonment. Measure of damages likely to be done on the facts of the case is a minor nature and further accused has taken care to issue notices to the customers to get refund of excess amount recovered—lenient view in imposing punishment would meet the ends of justice—deemed proper to sentence accused No. 2 and sentence him to pay a fine of Rs. 100/- in default to undergo simple imprisonment for a week —appeal is accordingly allowed by setting aside the order of acquittal passed by the trial Court.
State of Karnataka vs. Lobo Medicals and Anr., Karnataka Highcourt, 1978 CriLJ 1837, D/d 10.7.1978


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