Page No.# 1/3 vs The State Of Assam And Anr
2024 Latest Caselaw 7927 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 30 October, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                 Page No.# 1/3

GAHC010227142024




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

                                Case No. : Crl.Rev.P./427/2024

            ASHOK SAH AND ANR
            S/O LATE KAMAKHYA PRASAD SAH,
            RESIDENT OF MAKUM SUNDAY MARKET, PO AND PS MAKUM, DIST
            TINSUKIA, ASSAM 786170

            2: M/S KAMAKHYA PRASAD SAH
             REPRESENTED BY SRI ASHOK SAH
            A SHOP HOUSE SITUATED AT MAKUM SUNDAY MARKET
             PO AND PS MAKUM
             DIST TINSUKIA
            ASSAM 78617

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP ASSAM

            2:MOHENDRA KALITA
             S/O AMRIT KALITA

            FOOD SAFETY OFFICER
            O/O THE JOINT DIRECTOR
            HEALTH SERVICES
            TINSUKIA
            ASSA

Advocate for the Petitioner   : A. K. KANU, MR M AHMED

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




                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                        ORDER

Date : 30.10.2024

Heard Mr. M. Ahmed and Mr. A.K. Kanu, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State.

This is an application under Section 438/442 of BNSS, 2023, praying for setting aside and quashing the impugned judgment dated 19.09.2024 passed by the learned Sessions Judge, Tinsukia in Criminal Appeal No. 01(1)/2019, thereby dismissing the appeal and affirming the judgment dated 10.12.2018 passed by the learned Additional CJM, Tinsukia in C.R. Case No. 252/2010, convicting the petitioners under Section 7 r/w Section 16 of Prevention of Food Adulteration Act, 1954. Issue notice.

The petitioners shall take step(s) for service of notice upon the respondent No. 2 by registered post with AD as well as other usual service returnable within four weeks. The steps be taken within 7(seven) days. No formal notice required to be served upon the respondent No.1 as because Mr. Goswami, Addl.P.P. has entered appearance. Extra copy of the petition shall be provided to him.

Call for the trial court record pertaining to C.R. Case No. 252/2010 from the court of learned Additional CJM, Tinsukia. The Registry is directed to procure the same.

Page No.# 3/3

List the matter after four weeks.

JUDGE

Comparing Assistant