RAMESWAR BARTIA Vs. STATE

JUDGEMENT

(1.) We have before us an application under Article 134(1)(c), Constitution of India, asking this Court to certify that the case in which the petitioner's sentence was enhanced by this Court in criminal Reference No. 1 of 1951, is a fit case for appeal to the Supreme Court.

(2.) The petitioner Rameswar Bhartia was Convicted by Mr. C.K. Bhuyan, Magistrate of Labhimpur District, under Section 7(1), Essential Supplies (Temporary Powers) Act, 1946 (Act xxiv [24] of 1946) for contravention of the provisions of Sections 3 and 7, Assam Foodgrains Control Order, 1947, and sentenced to pay a fine of Rs. 50, or, in default, to undergo rigorous imprisonment for one month. The District Magistrate of Lakhimpur made a reference to this Court for enhancement of the petitioner's sentence as he was of the opinion that the sentence was "grossly and manifestly inadequate." In due course, the reference was heard by this Court, which, by its order, dated 1.6.51, accepted the reference and enhanced the petitioner's sentence to one of rigorous imprisonment for six months and ordered him to pay a fine of Rs. 1000, or, in default, to undergo further R.I. for 2 months.

(3.) Mr. Lahiri for the petitioner has raised 3 points, on the strength of which he invites us to certify that the ease is a fit one for appeal to the Supreme Court.