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High Court of Fiji |
IN THE HIGH COURT OF FIJI
AT LAUTOKA
APPELLATE JURISDICTION
CRIMINAL APPEAL CASE NO.: HAM 456 OF 2013
BETWEEN:
RAJENDRA PRASAD BROTHERS LIMITED
TRADING AS RAJENDRA'S FOOD TOWN
Appellant
AND:
FIJI COMMERCE COMMISSION
Respondent
Counsels: Ms. V. Lidise for the Appellant
Mr. A. Reddy for the Respondent
Date of Hearing: 4 June 2014
Date of Judgment: 10 June 2014
JUDGMENT
STATEMENT OF OFFENCE
Having for sale by retail certain percentage price control stationary items at an excessive price. Contrary to paragraph 3 of the Counter Inflation (Price Control) Stationery and Text Books) (No. 24) Order 1993, Section 52 (a) and Section 129 (3) of the Commerce Commission Decree No. 49 of 2010.
PARTICULARS OF OFFENCE
Rajendra Prasad Brothers Limited T/A Rajendra's Foodtown did on the 25th of January 2013 at Lautoka in the Western Division being a trader having for sale by retail certain percentage price control stationary items at an excessive price namely; 10 pieces of 50ml HD Clear Glue at $0.50 per piece instead of $0.48 per piece the maximum calculated price such price in excess of $0.02 per piece, 10 pieces of Colour Crayons 12's at $0.75 per piece instead of $0.71 per piece the maximum calculated price such price in excess of $0.04 per piece and 8 Uno Cello Blue pen at $0.75 per pen instead of $0.32 per pen the maximum calculated price such price in excess of $0.43 per pen.
Grounds (i) – (iii)
The company pleaded guilty to the offence of offering to sale Solomon Blue curry flakes at a price being excess of $0.43, 2L and 5L corn oil at prices in excess of $0.83 and $3.21 respectively. The company was fined $2,000.00 and ordered to pay costs of $34.50. This was the third conviction for the company.
(The learned Magistrate had wrongly identified the maximum penalty as $5,000.00)
(ii) Fiji Commerce Commission v Jai Ram Criminal Case No.290/12 Magistrate Court of Suva:
The accused was charged with the offence of having offered to sale at excessive prices, Farmers Corned beef at a price in excess of $0.85 per tin, Oxford Corned beef in excess of $0.81, Farmers Corned beef in excess of $0.62 and Rewa Life Milk in excess of $0.62 per pack. The accused proprietor of the New Kiwi's Minimart had two previous convictions. He was fined $2,000.00 with costs of $34.50.
(As a person is charged the maximum punishment is $10,000.00 according to Section 129 (1) of the Commerce Commission Decree)
(iii) Fiji Commerce Commission v Kalabo Investments Ltd t/a Shop N' Save Supermarket Criminal Case No. 365/12:
The company was charged for offering to sale 22 packs of 1Kg Blue Peas in excess of $0.07 per 1kg pack and 15 packs of 2kg Blue Peas in excess of $0.13 per 2kg pack.
(As this was first offence fine of $1,000.00 was ordered)
(iv) Bargain Box v Fiji Commerce Commission [2012] FJHC 1001; HAA 001.2002 (30 March 2012) – The appellant was charged with the offence of selling price controlled items at excessive price and was fined $2,000.00 after pleading guilty at the Magistrate Court. The Appeal was not allowed as the Court considered the fine as reasonable as the company was a first offender.
(It should be noted that Hon. Mr. Justice Daniel Goundar had stated "A fine of $2,000.00 that was imposed on the appellant could hardly be considered excessive when you consider the maximum fine that is available for the offence.)
Ground (iv)
Ground (v)
For offering to sale eight 20 mm cello tape in excess of $0.03 and 31 pieces of Bic Ball pen in excess of $0.04 a fine of $2,000.00 was ordered. This was the third offence.
(The learned Magistrate had identified the maximum penalty as $5,000.00. It is an error and it should be $50,000.00.)
(ii) Fiji Commerce Commission v MH Premium Criminal case No. 362/11 Magistrate Court of Savusavu on 8.2.2012:
For offering to sale of 3 boxes of 100 pieces of coloured chalk in excess of $0.09 and six 118 ml Bic school glue at excess of $1.63 a fine of $2,000.00 was ordered.
(The learned Magistrate had identified the maximum penalty as $5,000.00. It is an error and it should be $50,000.00)
(iii) Fiji Commerce Commission v Ram Jattan & Sons Limited Criminal Case No. 76/13 Magistrate Court of Labasa on 24.4.2013:
For offering to sale six bottles of 2 litre Golden Drop Canola oil in excess of $0.15 and six bottles of 2 litre Golden Drop Soya Bean oil in excess of $0.58 a fine of $2,000.00 was ordered. This was the second offence.
(The learned Magistrate had identified the maximum penalty as $25,000.00. It is an error.)
(iv) Fiji Commerce Commission v Brij Lal & Sons Criminal Case No.161/11 Magistrate Court of Labasa on 25.7.2012:
For offering to sale nine 1Kg white rice packs in excess of $ 0.30 a fine of $2,500.00 was after trial.
(The learned Magistrate had correctly identified the maximum penalty as $25,000.00 as this was the first offence)
(v) Fiji Commerce Commission v Sahira Investment t/a Brij Bhan Singh & Sons Criminal Case No. 297/13 Magistrate Court of Nausori on 13.12.2013:
For offering to sale 25 bags of 1Kg flour in excess of $0.09 and 13 Bags of 2Kg flour in excess of $0.16 a fine of $500.00 was ordered. This was first offence.
(The learned Magistrate had identified the maximum penalty as $5,000.00. It is an error and it should be $25,000.00)
(vi) Fiji Commerce Commission v Super Foods Super Market t/a Ramesh Investment Ltd Criminal Case No. PP 68/11 Magistrate Court of Lautoka on 2.7.2013:
For offering to sale 25 packs of 500g garlic in excess of $1.19 a fine of $5,000.00 was ordered.
(This was the first offence)
(vii) Fiji Commerce Commission v R B Patel Group Ltd Criminal Case No.PP41/11 Magistrate Court of Lautoka on 24.7.2012:
For offering to sale 37 packs of 1Kg split peas in excess of $0.11 a fine of $5,000.00 was ordered.
(This was the first offence)
HAA 32 of 2013(4th June 2014). This is appellant's third offence. There is no merit in the ground that the sentence is harsh and excessive.
Sudharshana De Silva
JUDGE
10th June 2014
At Lautoka
Counsel: Young & Associates for the Appellant
Reddy and Nandan Lawyers for the Respondent
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