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.