Page No.# 1/3 vs The State Of Assam And Anr
2024 Latest Caselaw 7928 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)



                                  I.A.(Crl.)/1015/2024

         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 786170
         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
         ASSAM
          ------------
         Advocate for : A. K. KANU
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR
                                                                         Page No.# 2/3

                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 30.10.2024

Heard Mr. M. Ahmed, learned counsel for the applicants. Also heard Mr. D.P. Goswami, learned Public Prosecutor for the State/respondent No.1.

2. This is an application under Section 438/442 of BNSS, 2023, praying for setting aside and quashing the impugned judgment date 19.09.2024 passed by the learned Sessions Judge, Tinsukia in Criminal Appeal No. 01(1) of 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, whereby convicted the applicants under Section 7 r/w Section 16 of Prevention of Food Adulteration Act, 1954 and sentenced petitioner No. 1 to undergo s/i for one year and to pay a fine of Rs.500/- in default of payment stipulation and the petitioner No. 2 to pay a fine of Rs.1000/-.

3. The learned counsel for the applicants submits that the applicant No.1 may be allowed to remain on previous bail or to go on fresh bail, till disposal of the revision petition.

4. On the other hand, Mr. Goswami, learned Additional Public prosecutor submits that he has no objection if the prayer of the applicants is allowed.

5. I have considered the submissions made by the learned counsel for the parties as well as perused the judgment of the learned trial court.

6. Considering the sentence imposed by the learned trial court, without Page No.# 3/3

further going into the merit of the case, prayer of the applicants is allowed.

7. Accordingly, the applicant No.1, namely Ashok Sah, shall be released on bail on furnishing a bail bond of Rs.20,000/- with one suitable surety of the like amount to the satisfaction of the learned Additional CJM, Tinsukia, Assam.

8. The operation of impugned judgment and order dated 19.09.2024 in Criminal Appeal No. 1(1) of 2019 passed by the learned Sessions Judge, Tinsukia, Assam and judgment and order dated 10.12.2018 passed by the learned Additional CJM, Tinsukia in connection with C.R. Case No. 252/2010, shall remain suspended till the disposal of criminal revision petition.

9. In view of the above, interlocutory application stands disposed of.

JUDGE

Comparing Assistant