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         NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURSIDCITON

CRIMINAL APPEAL NO. 1760 OF 2009   

DHURUKUMAR S/O RADHAKISHAN PITTI & ANR. … APPELLANTS

VERSUS

THE STATE OF MAHARASHTRA …RESPONDENT

J U D G M E N T

S.ABDUL NAZEER, J.

1. The  appellants  were  convicted  by  the  trial  court  under

Section 7 of the Essential Commodities Act, 1955 and sentenced

to undergo rigorous imprisonment for three months and to pay a

fine of Rs.500/- each and in case of default, they were directed to

undergo a further imprisonment for a period of 15 days.   The

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High  Court  upheld  the  conviction  and  sentence  of  fine.  The

appellants  have challenged the  legality  and correctness  of  the

said judgment in this appeal.

2. Having heard learned counsel for the parties, we do not find

any ground to interfere with the judgment of the High Court.  At

this stage, learned counsel for the appellants submitted that the

appellants are the first offenders. Therefore, the appellants may

be  dealt  with  under  Section  360  of  the  Code  of  Criminal

Procedure,  1908.  It  is  true  that  the  appellants  do  not  have

antecedents  of  offender. Both  of  them are  the  first  offenders.

Having regard to the facts and circumstances of the case, we are

of the view that the appellants should have been dealt with under

Section 360 Cr.P.C. The ends of justice would be met by granting

the benefit of Probation of Offenders Act, 1958 to the appellants.

We order accordingly. Hence, the appeal is allowed in part and

while upholding the conviction and sentence of fine awarded to

the appellants, sentence of imprisonment awarded against them

is set aside and the trial court is directed to deal with them under

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the provisions of Section 360 of the Code of Criminal Procedure,

1908.

………………………………J.                                               (R.K. AGRAWAL)

   ………………………………J.

                      (S. ABDUL NAZEER) New Delhi; October 4, 2017.