THE STATE Vs. KHIRA SAHU

JUDGEMENT

(1.) THIS is a reference made by the learned Sessions Judge, Cuttack recommending the enhancement of sentence of the opposite party who has been convicted under Section 5 of the Telegraph Wires (Unlawful possession) Act, 1950 by Shri B.D. Sethi, Magistrate, First Class, Cuttack but has been sentenced to pay a fine of Rs. 200/ - only with a default sentence attached thereto.

(2.) INSPITE of notice, the opposite party has not chosen to enter appearance in this Court.

(3.) IT is somewhat surprising that the learned Magistrate while convicting the opposite party under Section 5 of the Act thought that a sentence of fine of Rs. 200/ - would be appropriate. On the question as to what would be the adequate sentence for an offence under Section 5 of the Act, authorities of this Court are plenty. In Banchhanidhi Patra v. State, 1959 C.L.T. 254, in which this Court enhanced the sentence of fine into one of substantive imprisonment it was stated: