Chandra Shah vs The State Of Assam And Anr
2023 Latest Caselaw 3744 Gua

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GAHC010194792023




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

                                Case No. : Crl.Rev.P./381/2023

            CHANDRA SHAH
            S/O LATE SONAR SHAH
            R/O HATIGAON
            P.S. HATIGAON
            DIST. KAMRUP (M), ASSAM



            VERSUS

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

            2:MR JYOTISH DAS
             S/O LATE SONARAM DAS
            R/O SHANTIPUR

            P.S. BHARALUMUKH
            DIST. KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR A HAWARI

Advocate for the Respondent : PP, ASSAM
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                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                    ORDER

Date : 15.09.2023

Heard Mr. A. Hawari, learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent No. 1.

This is an application under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973, against the judgment dated 06.06.2023, passed by the learned Additional Sessions Judge (FTC) No. 3, Kamrup(M), Guwahati, in Criminal Appeal No. 182/2019, affirming the judgment and order dated 16.09.2019, passed by the learned Chief Judicial Magistrate, Kamrup(M), Guwahati, in CR Case No. 2299/2012, whereby, the sentence of the petitioner under Section 7 of the Essential Commodities Act was modified to simple imprisonment for 3 (three) months and to pay a fine of Rs. 25,000/- (Rupees twenty five thousand) only and in default to undergo simple imprisonment for one month.

Issue notice to the respondents, returnable within 4 (four) weeks.

Since Ms. S. H. Bora, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of the State respondent No. 1, no formal notice is required to be issued to the said respondent. However, she shall be provided with requisite extra-copy of the petition along with relevant annexures appended thereto during the course of the day, if not already furnished.

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The learned counsel for the petitioner shall take steps for service of notice upon respondent No. 2 by registered post with A/D as well as by usual process within a week from today.

Also call for the record from the learned Court below.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant