LAWS(GAU)-2024-4-39

MONORANJAN PATHAK Vs. STATE OF ASSAM

Decided On April 25, 2024
Monoranjan Pathak Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. R. Sharma, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. P.P. for the State Respondents.

(2.) In this revision petition, under Sec. 401, read with Sec. 397 Cr.P.C., the petitioner, namely, Shri Monoranjan Pathak, has put to challenge the judgment and order, dtd. 29/3/2008, passed by the learned Addl. Sessions Judge (FTC) No.4, Kamrup (M), Guwahati in Criminal Appeal No.39/2006. It is to be noted here that vide impugned judgment and order, dtd. 29/3/2008, the learned Addl. Sessions Judge (FTC) No.4, Kamrup (M), Guwahati, has affirmed the judgment and order, dtd. 31/5/2006, passed by the learned Chief Judicial Magistrate, Kamrup, Guwahati in Case No.3508 C/1999. It is also to be noted here that vide judgment and order, dtd. 31/5/2006, the learned Chief Judicial Magistrate, Kamrup, Guwahati, has convicted the petitioner under Sec. 16(1) (a) (i) of the Prevention of Food Adulteration Act, 1954 and sentenced him to suffer rigorous imprisonment for 6 months and also to pay a fine of Rs.1000.00 (Rupees One Thousand), in default, to suffer rigorous imprisonment for a period of two months.

(3.) The background facts, leading to filing of this revision petition, are briefly stated as under:-