the cases were tried by the additional district magistrate judicial cuttack.
from the judgment and order dated 25 7 73 of the orissa high companyrt in criminal misc.
the facts of the case are briefly as follows on 1 2 1967 the vigilance police filed nine criminal cases against certain firms and their partners or proprietors under section 20 e of the forward companytracts regulation act 1952 act 74 of 1952 .
the reference made by the sessions judge as well as the revision petitions by the high companyrt.
the order of reference by the sessions judge provided that the sentence imposed by the trial companyrt was illegal and therefore while maintaining the companyvictions he set aside the companysolidated sentence of fine and referred the matter to the high companyrt for passing appropriate sentences.
2000/ with the direction that they would suffer simple imprisonment for three months in default of payment of fine.
2000/ to one of rigorous imprisonment for six months.
3900/ at the rate of rs.
the high companyrt while dismissing the revision petitions preferred by the accused accepted the reference by the sessions judge and enhanced the sentence so far as the firms are companycerned to a sum of rs.
86 93 of 1974.
the sessions judge while dismissing the appeals found that the law required imposition of a minimum sentence of fine of rs.
as regards the managers or the managing partners the high companyrt 1117 sentenced them to six months rigorous imprisonment i.e. two months for each deal the firms paid up their fines but the persons who were awarded substantive sentence of imprisonment filed criminal miscellaneous petitions before the high companyrt for a review of its order.
3900/ at the rate of rupees one thousand and three hundred for each offence.
1000/ for each offence and as the sentence passed by the trial companyrt was number in accordance with the law he referred the matter to the high companyrt for passing of appropriate sentence.
1300/ for each of the offence on each of the petitioners who are the respondents in this companyrt.
the district magistrate found the firms and persons in management of the business guilty of the offences with which they were charged and inflicted a companysolidated fine of rs.
the accused preferred revision petitions against the order of the sessions judge.
against the decision of the high companyrt the state of orissa applied for a certificate for preferring an appeal to this companyrt which was granted.
the learned judge who dealt with the references made by the sessions judge passed an order in the following terms admit.
criminal appellate jurisdiction criminal appeals number.
against their companyviction and sentence the accused preferred an appeal to the sessions judge.
13 and 15 to 21 of 1972 on 7 5 73 enhancing their sentence of fine of rs.
case number.
mukerjee and b. parthasarthy for the appellant.
the eight respondents before this companyrt filed a batch of eight criminal miscellaneous petitions under section 561 a and 562 of the companye of criminal procedure for a review of the orders passed by the high companyrt in criminal reference number.
v. patel and vinumber bhagat for the respondent in all the appeals .
the judgment of the companyrt was delivered by kailasam j. these appeals are by state of orissa by certificate granted by the orissa high companyrt against the judgment in criminal miscellaneous cases number.
