KAMALA DASI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner was allowed to be released on bail forthwith in this case on furnishing her own bond in a sum of Rs. 500/- for the reasons to be recorded later on. The reasons are now stated hereinbelow.

(2.) Heard Mr. J. H. Khan, learned counsel for the petitioner. Also heard Mr. F. H. Laskar, learned P. P. Assam.

(3.) It is an appalling story of an underprivileged citizen who was arrested on 20-11-2002 in connection with a criminal case initiated in the year 1994, being special case No. 8/94 registered under Section 7 of the Essential Commodities Act, 1955 (for short 'the Act'), having been granted bail on 26-11-2002, has failed to get herself released from the judicial custody due to an imposition of weighty sum of bail amount and has, therefore, been linguishing in the imprisonment for the last more than 61/2 months. It is pertinent to note that Section 7 of the Act which provides penalty clause for contravention of any order made under Section 3 of the Act, prescribes minimum punishment of imprisonment for 3 months which may extend to 7 years as maximum. But in the instant case, the indigent woman, has prior to her any conviction on trial, suffered the unconfirmed punishment in total deprivation of her personal liberty merely on an accusation of the commission of offence under the aforesaid section.