Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Processing Lubricating Oil |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | LUBRICATING OIL AND GREASES (PROCESSING, SUPPLY AND DISTRIBUTION REGULATION) ORDER, 1987: Clauses 3,4 and 5(3) - Accused found carrying on business of processing lubricating oil without licence, keeping huge quantity thereof and sample taken found to be adulterated - Accused not maintaining proper books of ~ .... account - Sentence of one month's simple imprisonment and fine of Rs. 3, 0001- imposed on each of the accused uls 7(1)(a)(i) of Essential Commodities Act, 1955, affirmed by High Court - Conviction and sentence upheld - In such whitecollar offences accused cannot be let off on probation - Essential Commodities Act, 1955 - s. 7(1)(a)(i} - Probation of Offenders Act, 1958. Appellant no.1 concern, its proprietor A-2 and employee A-3 were prosecuted for commission of offences punishable u/s 7(1 )(a)(i) of the Essential Commodities Act, 1955. The prosecution case was that when the Inspector of Food and Civil Supplies inspected the premises of the appellant concern, he found that though the accused were in the business for over six months, they did not possess the necessary licence as required under the Lubricating Oil and Greases (Processing, Supply and Distribution Regulation) Order, 1987; that on an analysis of the sample of the lubricating oil taken from the premises of the appellant concern, the same was found to be adulterated; though a large quantity of lubricating oil was found stored in the premises of the concern, proper books of account were not found to have been maintained by it; and, thus, the accused were found to have violated Clauses 3, 4, and 5(5) of the Order. The trial court convicted the accused of the offences charged and sentenced them to simple imprisonment for one month and to pay a fine of Rs. 3000/- each. The High Court affirmed the conviction and the sentence. In the appeal filed by the accused, it was contended for the appellants that there was no mens rea and no sale was involved and, therefore, the appellants could not be .... said to have violated provisions of the 1987 Order. It was alternatively pleaded that, in any event, the appellants were entitled to benefit of the Probation of Offenders Act, 1958. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 102 |
Petitioner | M/s Precious Oil Corporation And Ors |
Respondent | State Of Assam |
SCR | [2009] 1 S.C.R. 762 |
Judgement Date | 2009-02-05 |
Case Number | 212 |
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