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ARUN DEV CHOUDHURY
Nitai Chandra Saha, S/o. Lt. Naresh Chandra Saha – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
(Arun Dev Choudhury, J.)
1. Heard Mr. A. M. Bora, learned Senior Counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.
2. The present criminal revision petition under Section 401 read with Section 482 of Cr.P.C., 1973 is filed assailing a Judgment and Order dated 01.10.2009 passed by the learned Additional Chief Judicial Magistrate, Cachar, at Silchar in C.R. Case No. 559/2001, whereby the accused petitioners were convicted under Section 7/16 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as Act, 1954) and petitioners were sentenced to undergo Simple Imprisonment for 6 (six) months and to pay a fine of Rs. 2,000/- each and in default to pay fine, Simple Imprisonment for another two (one) months each. The further challenge is Judgment and Order dated 10.08.2011 passed by the learned Sessions Judge, Cachar at Silchar in Criminal Appeal No. 24/2009, whereby the learned Appellate Court dismissed the appeal and upheld the conviction.
3. Referring to the decision of the Hon’ble Apex Court in the case of M/s A.K.Sarkar & Co. & Anr. –Vs- The State of West Bengal & Ors reported in 2024 INSC 186
The court ruled that beneficial amendments in law can be applied retroactively to pending cases, modifying the sentence accordingly.
The court ruled that beneficial amendments in law can be applied retroactively to modify sentences in ongoing cases.
The court ruled that beneficial amendments in law can be applied retrospectively to pending cases, modifying sentences accordingly.
(1) Quantum of punishment – There is no prohibition, for this Court to impose a lesser punishment which is now applicable for same crime.(2) There is no provision for imprisonment – When an amendment....
The court emphasized the right to a speedy trial and modified the sentence based on the lengthy duration of the case and the petitioner's circumstances.
The defence of bona fide purchasers under Section 19 (2) of the Prevention of Food Adulteration Act, 1954, is available only if the accused proves that they purchased the adulterated food from a duly....
The court emphasizes the right to a speedy trial and modifies the sentence for justice based on the lengthy legal process involved.
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