Page No.# 1/3 vs The State Of Assam And Anr
2023 Latest Caselaw 4214 Gua

                                                                 Page No.# 1/3

GAHC010230002023




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

                                Case No. : Crl.Rev.P./445/2023

            JAYANTA BARMAN AND ANR
            S/O LATE BASANTA BARMAN
            ONE OF THE PARTNERS OF THE M/S NEW DELIGHT BAKERY
            R/O MAIN ROAD, TEZPUR, PIN-784001.


            2: DR. PRADEEP BARMAN
             S/O LATE BASANTA BARMAN
            ONE OF THE PARTNERS OF THE M/S NEW DELIGHT BAKERY
             R/O MAIN ROAD
            TEZPUR
             PIN-784001


            VERSUS


            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, ASSAM


            2:DR. N.K. CHOUDHURY (COMPLAINANT)
             FOOD INSPECTOR (SR.) NAGAON
             OFFICE OF THE JOINT DIRECTOR OF HEALTH SERVICES
             NAGAON
            ASSAM
             PIN-0



Advocate for the Petitioner   : MR. A K BHATTACHARYYA

Advocate for the Respondent : PP, ASSAM
                                                                        Page No.# 2/3




                                 BEFORE
                    HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      ORDER

10.10.2023

Heard Mr. A.K. Bhattacharya, learned Senior Counsel assisted by Mr. D.K. Bhattacharya and Mr. G.N. Sahewalla, learned Senior Counsel assisted by Ms. P. Bhattacharya, learned counsel for the petitioners; and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

2. In this revision petition, under Sections 397 read with Section 401 of the Cr.P.C., the petitioners have put to challenge the correctness or otherwise of the judgment and order dated 25.09.2018, passed by the learned Sub Divisional Judicial Magistrate, Nagaon, in CR Case No. 1536/2005, where by learned court below has convicted the petitioners under Section 7 of the Prevention of Food Adulteration Act read with Section 2[ix][k] of the Prevention of Food Adulteration Act and Rule 32[f] and [i] of the Prevention of Food Adulteration Rule and sentenced them to suffer simple imprisonment of 3 months and also to pay a fine of Rs. 5,000/- as compensation and in default to undergo simple imprisonment for 15 days under Section 7 of the Prevention of Food Adulteration Act read with Section 2[ix][k] of the Prevention of Food Adulteration Act and Rule 32[f] and [i] of the Prevention of Food Adulteration Rule. The petitioners have also challenged the judgment and order dated 09.08.2023, passed by the learned Addl. District and Sessions Judge No. 3, Nagaon in Criminal Appeal No. 70/2018, whereby the learned first appellate court has dismissed the appeal, by upholding the judgment and order dated 25.09.2018, passed by the learned Sub Divisional Judicial Ma`gistrate, Nagaon Page No.# 3/3

in CR Case No. 1536/2005.

3. Perused the petition as well as the documents placed on record and also perused the judgment and order dated 25.09.2018, passed by the learned Sub Divisional Judicial Magistrate, Nagaon in CR Case No. 1536/2005 and also perused the judgment and order dated 09.08.2023, passed by the learned Addl. District and Sessions Judge No. 3, Nagaon in Criminal Appeal No. 70/2018.

4. Let notice be issued to the respondent no. 2, within a week from today, returnable in 4 weeks, by registered post with A/D and also by usual process. As Mr. Borthakur has appeared and accepted notice on behalf of the State respondent, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to the State respondent during the course of the day.

5. Having heard the submissions of learned counsel for both the parties, it is provided that till disposal of this revision petition, the impugned judgment and order dated 25.09.2018, passed by the learned Sub Divisional Judicial Magistrate, Nagaon in CR Case No. 1536/2005 and also the judgment and order dated 09.08.2023, passed by the learned Addl. District and Sessions Judge No. 3, Nagaon in Criminal Appeal No. 70/2018, stands stayed.

6. The Registry shall call for the record from the learned court below.

7. List the matter after 4 [four] weeks.

JUDGE Comparing Assistant