1993 (8) TMI 303

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....l Appeal No. 92 of 1993 dated 2511993, confirming the conviction of the appellant under Section 7(1) (a)(ii) of the Essential Commodities Act, 1955 for short 'the Act' and sentence of three months' RI and fine of ₹ 200 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....

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....n, supply or distribution of, or trade and commerce in, any essential commodity to maintain and produce for inspection such books, accounts and records relating to their business and to furnish such information relating thereto, as may be specified in the order." 4. A reading thereof clearly indicates that if the accused contravenes the offence of not furnishing the information or statistics....

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.... no option but to convict the appellant for offence under Section 7(1)(a)(ii) which provides that "in the case of any other order with imprisonment for a term which shall not be less than three months but may extend to 7 years and shall also be liable to fine". This mandatory imprisonment was imposed to maintain supply and distribution of the essential commodities (regulation or distribu....