Court imposes Rs 28 lakh fine in LPG cylinders black marketing case, partners get sentence till rise of court

New Delhi [India], May 1 : While taking a serious view of a case connected with black marketing of LPG Cylinders at exorbitant prices, a CBI court has recently imposed a fine of Rs. 28 lakh on the convicted and sentenced the partners till the rise of the court. The CBI had registered a case under the Essential Commodities Act 1955 in 2010.

Additional Chief Judicial Magistrate (ACJM) Neetu Nagar sentenced Vanita Ghosh and Kapil Gupta till rising of the court for the offences under the Essential Commodities Act and imposed a fine of Rs 70,000 each and a Rs 60,000 fine on the firm Sivanikka Enterprise through its partners Ghosh and Gupta.

The court also imposed a fine of Rs. 26 lakh for the wrongful gain to the tune of Rs. 25,77,508 to the convicts and a wrongful loss to the government exchequer. All the fine amounts have been deposited.

While giving punishment to the convicts, they considered various mitigating factors, including the long duration of the trial, remorse shown by the convicts and their age.

"Considering their age and the fact that convicts have been facing trial in the present case since 2011, convicts, namely Vanita Ghosh, Kapil Gupta and convict M/s. Sivanikka Enterprises, through its partners Vanita Ghosh and Kapil Gupta are convicted for the offence punishable under Section 3 read with 7 and 9 of the Essential Commodities Act, 1955," the court said in the sentence order passed on April 22.

They are sentenced for an offence punishable under sections 3, read with 7 and 9 of the Essential Commodities Act, 1955. The convicts, Vanita Ghosh and Kapil Gupta, shall undergo TRC and shall pay the fine of Rs. 70,000 each and the convict M/s. Sivanikka Enterprises, through its partners Vanita Ghosh and Kapil Gupta, shall pay a fine of Rs. 60,000.

The CBI had submitted that maximum punishment be awarded to the convicts, so that a deterrent message be sent to society, and like-minded people be discouraged from entering into criminal and heinous activities.

The court took a lenient view while sentencing the convicts after considering the mitigating factors, saying,"In the light of mitigating circumstances as submitted by the convicts Vanita Ghosh and Kapil Gupta, the sentence of maximum imprisonment, if awarded to them, shall be harsh."

"The sentencing is a delicate act in which the court is required to take over all view of the facts and circumstances of the case and the court cannot be oblivious of the fact that the sentence should serve prolific purpose of serving the society at large," the court observed.

The court said that convicts have shown a genuine desire to repent; therefore, they must be granted a fair opportunity for reformation, so that they can become useful citizens of the country.

"Simultaneously, the convicts must be awarded such a sentence, which discourages other like-minded people of the society from entering the world of crime. However, a fine balance is required to be maintained while sentencing the convicts," ACJM Nagar said.

The court had framed Charges for the offence punishable under Section 3, read with Sections 7 and 9 of the Essential Commodities Act, 1955, against the accused persons. The accused persons orally stated that they want to plead guilty and none has forced or coerced them to plead guilty.

Advocate Nishaank Mattoo, counsel for Vanita Ghosh, had submitted that she is married and has four children. There is no one to look after her as her husband has abandoned her. She is 62 years old and suffering from various old-age-related diseases. She has also suffered from a brain haemorrhage and is presently undergoing treatment for various illnesses.

Counsel for Kapil Gupta had submitted that he is married and has two children. He is the sole bread earner in his family. There is no one to look after her wife, aged 63 years and her two sons, aged 30 and 28. He is suffering from various old-age-related ailments such as diabetes and high blood pressure, and is receiving treatment for the same. They prayed that a lenient view might be taken against him.

The present case was registered in CBI, ACB, New Delhi, on August 20, 2010, against M/s. Sivanikka Enterprises, Vanita Ghosh, its

Partner and other unknown public servants/ private persons, for indulging in illegal sale of LPG cylinders at exorbitant prices, to

unauthorised persons, by showing the sale to be in the name of fictitious/ non-existent customers, thereby cheating the Indian Oil Corporation Ltd. (IOCL) and violating the provisions of the Essential Commodities Act, 1955.

It was also stated that on 21 May, 2010, a joint surprise check was conducted by the officers of IOCL and CBI when the registers, vouchers and other records of the accused firm were inspected and verified.

The verification prima facie revealed that Sivanikka Enterprise was generating refill vouchers for the supply of cylinders in the name of non-existent consumers and was suspected of diverting the same to the black market, the CBI had alleged.

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