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april 2004

Supreme Court of India · 2004-04-22

Gurudeo Prasad Gupta vs State Of Bihar

Citation / case number
AIRONLINE 2004 SC 506
Court
Supreme Court of India
Petitioner
Gurudeo Prasad Gupta
Respondent
State Of Bihar
Bench
B.N. Agarwal, Ar. Lakshmanan

Judgment text excerpt

The Supreme Court held that the appellant's conviction under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 was unwarranted, as the facts of the case only supported a conviction under Section 7(1)(a)(i), which does not prescribe a minimum sentence. The Court found that the violation pertained to discrepancies in stock records, thus meriting a lesser charge. The appeal was allowed in part, with the conviction under Section 7(1)(a)(ii) set aside and the appellant convicted under Section 7(1)(a)(i), with the sentence reduced to the period already undergone.

Gurudeo Prasad Gupta vs State Of Bihar · Niyam