PRADIP KR JAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioners herein were tried, in Special Case No. 05/96, on accusation of having committed offences under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, for contravening the provisions of Clause (3) of the Assam Trade Articles (Licensing and Control) Order, 1982. The trial ended in their conviction and the learned Sessions Judge, Kamrup, sentenced the petitioners to undergo. rigorous imprisonment for three years and pay fine of Rs. 5,000/- each and, in default of payment of fine, suffer rigorous imprisonment for a further period of six months, the case of the prosecution being, in brief, is that the petitioners were found to have kept stored for sale 45 quintals of Tata iodised salt without having licence therefor, An appeal preferred by the petitioners against their conviction and the sentence passed against them gave rise to Criminal Appeal No 164/98, By judgment and order dated 08.05.2006, passed by this Court, conviction of the accused appellants was maintained, but the sentence was reduced to simple imprisonment for a period of one year with fine of Rs. 1,000/- and, in default of payment of fine, suffer simple imprisonment for aperiod of one month.

(2.) After the appeal stood disposed of, the petitioners have made this application, under Sub-Section (3) of Section 389 of the Cr.PC praying for suspending or keeping in abeyance me operation of the judgment and order, dated 08,05. 2006, passed by this Court in Criminal Appeal No. 164/98 aforementioned, their case being that they have applied, under Section 433(d) Cr.PC, to the Government of Assam for commutation of the sentence of simple imprisonment passed againstthem, into fine.

(3.) I have heard Mr. SP Roy, learned counsel, appearing on behalf of the petitioners, and Mr. B. Sinha, learned Addl. Public Prosecutor, Assam.