Mantu Sarmah vs The State Of Assam And Anr
2022 Latest Caselaw 1786 Gua

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GAHC010096182022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Crl.Rev.P./237/2022

             MANTU SARMAH
             S/O LATE UMESH SARMAH, R/O OWUGURI PAHAR, P.O. AND P.S.-TEZPUR,
             DIST- SONITPUR, ASSAM, PIN-784001



             VERSUS

             THE STATE OF ASSAM AND ANR
             REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

             2:NABA KNATA DEKA
              S/O LATE DHARMA KANTA DEKA
              INSPECTOR OF FOOD AND CIVIL SUPPLY AND CONSUMER AFFAIRS
             TEZPUR
              PIN-78400

Advocate for the Petitioner   : MR A C BORBORA

Advocate for the Respondent : PP, ASSAM




                           BEFORE
              HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

25.05.2022

Heard Mr. A. C. Borbora, learned Senior Counsel assisted by Mr. P. Kataki, Page No.# 2/3

learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent.

Legality, propriety and correctness of the judgment and order dated 10.03.2022, passed by the learned Additional Sessions Judge(FTC), Sonitpur, in Criminal Appeal No. 26(S-4)/2019, arising out of C.R. Case No. 515/2012, by which, the learned Court below has confirmed the judgment and order, dated 16.09.2019, passed by the learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur, in C.R. Case No. 515/2012, under Section 7 of the Essential Commodities Act, and also the judgment and order dated 16.09.2019, passed by the learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur, in C.R. Case No. 515/2012, whereby, the learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur, has convicted the petitioner under Section 7 of the Essential Commodities Act and sentenced him to suffer S.I. for 5 (five) months and also to pay a fine of Rs. 5,000/- with default stipulation, are challenged in this petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.

Admit.

Call for the record from the learned Court below.

Also, issue notice to the respondents, returnable in 4 (four) weeks.

Since Mr. B. Sharma, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of State respondent No. 1, no formal Page No.# 3/3

notice is required to be issued. However, requisite extra-copy of the petition be furnished to him during the course of the day.

Steps for causing service of notice upon respondent No. 2 be taken by registered post with A/D as well as by usual process within a week from today.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant