Skip to content


Krishna Vs. State of Uttar Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 486 of 1981
Judge
Reported in(1982)3SCC479
AppellantKrishna
RespondentState of Uttar Pradesh
DispositionAppeal Allowed
Excerpt:
- [ r.b. mishra and; s. murtaza fazal ali, jj.] -- essential commodities — technical breach — para of the control order breached by accused itself amended subsequently to exclude such actions — breach being technical, sentence reduced to that already undergone — essential commodities (price display and control of supply and distribution) order, 1971 -- heard learned counsel for the parties. we therefore allow the appeal and reduce the sentence of the appellant to the period already served......the price list should be exhibited only during business hours which was made clear by the amendment made after the commission of the offence. in these circumstances, therefore, the appellant can be said to have only committed a technical offence.3. we therefore allow the appeal and reduce the sentence of the appellant to the period already served. the appeal is disposed of accordingly.
Judgment:

R.B. Mishra and; S. Murtaza Fazal Ali, JJ.

1. Heard learned counsel for the parties.

2. From the findings of the High Court and the trial court, we are satisfied that there is absolutely no evidence to prove the charges which relate to the violation of paragraphs 6, 8 and 10 of the Essential Commodities (Price Display and Control of Supply and Distribution) Order, 1971. As regards para 4 of the Order, doubtless there is a technical non-compliance, but since the provision was amended a year after the commission of the offence, the policy of the law seems to be that the price list should be exhibited only during business hours which was made clear by the amendment made after the commission of the offence. In these circumstances, therefore, the appellant can be said to have only committed a technical offence.

3. We therefore allow the appeal and reduce the sentence of the appellant to the period already served. The appeal is disposed of accordingly.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //