Supreme Court Grants Probation in 37-Year-Old Essential Commodities Act Violation Case

In a significant ruling, the Supreme Court of India granted probation to an appellant in a 37-year-old case involving a violation of the Essential Commodities Act, 1955. The appellant had been convicted under Section 7(1)(a)(ii) of the Act for exceeding the permissible limit of mustard oil and vegetable oil as per the West Bengal Pulses, Edible Oil (Dealers Licensing) Order, 1978.

The trial court had sentenced the appellant to six months of rigorous imprisonment along with a fine, which was later reduced to three months by the High Court. However, considering the lengthy duration of the case and the appellant's clean record, the Supreme Court exercised its discretion under the Probation of Offenders Act, 1958. The appellant was released on probation upon entering into a bond and providing sureties.

This judgment highlights the Court's recognition of the passage of time and the need for appropriate sentencing in cases of long-pending matters. The decision also underscores the application of the Probation of Offenders Act to mitigate the sentence imposed under the Essential Commodities Act.

Date of Judgment: May 10, 2023

Tarak Nath Keshari  vs State of West Bengal 

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