The Supreme Court of India has been approached by an 88 year old man seeking its mercy against his conviction and sentence under the provisions of Essential Commodities Act.
The Appeal, filed by one Mr. Madan Mohan Kabiraj, demands that he be given the benefit of the provisions of the Probation of Offenders Act, 1958.
Mr. Kabiraj points out that the Essential Commodities Act prescribes a minimum sentence of three months, and that “no purpose would be served to suffer the sentence at this juncture of life.”
The Bench comprising Justice A.K. Sikri and Justice Ashok Bhushan directed the State to ascertain whether this was Mr. Kabiraj’s first offence, and directed the matter to be listed after four weeks.
As per Section 3 of the Probation of Offenders Act,1958 when any person is found guilty of having committed an offence punishable under Section 379 or Section 380 or Section 381 or Section 40.4 or Section 420 of the Indian Penal Code (45 of 1860) or any offence punishable with imprisonment for not more than two years, or with fine, or with both, under the Indian Penal Code or any other law, and no previous conviction is proved against him and the court by, which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient so to do, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him to any punishment or releasing him on probation of good conduct under Section 4, release him after due admonition.
Read the Order Here