Page No.# 1/4 vs The State Of Assam And Anr
2024 Latest Caselaw 7933 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And Anr on 30 October, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                  Page No.# 1/4

GAHC010227112024




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

                                 Case No. : Crl.Rev.P./428/2024

            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,




             Linked Case : I.A.(Crl.)/1016/2024
                                                                     Page No.# 2/4


          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



                               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 Page No.# 3/4

setting aside and quashing the impugned judgment dated 19.09.2024 passed by the learned Sessions Judge, Tinsukia in Criminal Appeal No. 02(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. 251/2010, whereby convicting 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 stipulation and the petitioner No. 2 was directed 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 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. 2(1) of 2019 passed by the learned Sessions Judge, Page No.# 4/4

Tinsukia, Assam and judgment and order dated 10.12.2018 passed by the learned Additional CJM, Tinsukia in connection with C.R. Case No. 251/2010, shall remain suspended till the disposal of criminal revision petition.

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

JUDGE

Comparing Assistant