KRISHNA SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. D. Bhattacharji, learned counsel appearing for the petitioner as well as Mr. R.C. Debnath, learned Addl. Public Prosecutor appearing for the state.

(2.) THIS petition filed under Section 397 read with Section 401 of the Cr.P.C. is directed against the judgment and order dated 08.09.2005, delivered in Criminal Appeal No. 25(3) of 2005 by the Sessions Judge, South Tripura, Udaipur. By the said judgment and order dated 09.09.2005, the judgment of conviction dated 28.06.2005, delivered in Case No. C.R.145/2005 by the Sub -Divisional Judicial Magistrate, Amarpur, South Tripura, has been affirmed. The Sub -Divisional Judicial Magistrate has convicted the petitioner under Section 45(b) of the Standards of Weights and Measures (Enforcement) Act, 1985 for committing the offence of not getting the measuring instrument verified even though the verification is a mandatory one and, sentenced to suffer simple imprisonment for six months and to pay fine of Rs. 1,000, in default of payment of fine, to suffer further simple imprisonment for three months. By the impugned judgment, the appellate court has reduced the sentence to simple imprisonment for three months and to pay fine of Rs. 500, in default thereof, to suffer further simple imprisonment for one month.

(3.) MR . R.C. Debnath, learned Addl. Public Prosecutor appearing for the state has submitted that the petitioner had not taken such defence in the trial court.