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1997 Supreme(Gau) 150

V.DUTTA GYANI
Amol Roy – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
M.H.Raj Rajbarbhuiyan

This revision petition under section 397, 401, 482 CrPC is directed against the order dated 16.12.95 passed by learned Sessions Judge, Hailakandi in Criminal Appeal No.2 (3) of 1995, thereby altering trial Court's judgment dated 28.6.95 in CR Case No.2272 of 1992 convicting the petitioner under section 13 of the Rice Milling Industries Regulation Act and sentencing him to pay fine of Rs. 10,000/-or in default to suffer three months RI.

2. Prosecution case was that on 1.12.92 at about 10.15 AM Jaydev Das, Sub Inspector of Food & Civil Supplies, Katlicherra visited the residence of the accused accompanied by Soraj Kumar Barman, Bidhan Chandra Roy and Shri R.K. Singha, Superintendent, Inspector and the Sub-Inspector of Food & Civil Supplies respectively and found that a rice mill was installed in a kacha house of the premises of the accused Amal Roy at village Uttar Niskar. On enquiry it is learnt that Amal Roy is the owner of the rice mill in question. On demand accused could not produce any document in support of installation and operation of the rice mill. Such unauthorised installation and operation of a rice mill is a violation of the provision of section 8 (1) and (2) of Rice Mil







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