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2024 Supreme(Gau) 1558

ARUN DEV CHOUDHURY
Dipta Deb W/o Late Amar Deb – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: B.K. Mahajan, H. Das, R. Ali, N.J. Das, A. Choudhury, P.K. Das

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. N. Mahajan, learned counsel for the petitioner and Mr. K.K. Das, learned Additional Public prosecutor, Assam for the sole respondent.

2. The present criminal revision petition under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973 is filed challenging the legality, propriety and correctness of the judgment and order dated 03.12.2010 passed by the learned Chief Judicial Magistrate Kamrup in connection with Case No. 4555/2008 convicting the petitioner and sentencing her to undergo Imprisonment for 3 (three) months and to pay a fine of Rs. 2,000/- and in default of payment of fine, to undergo Simple Imprisonment for another 2 (two) months. Further, the challenge is against the judgment and order dated 05.05.2011 passed by the learned Sessions Judge, Kamrup in Criminal Appeal No. 1/2011 upholding the impugned judgment and order dated 03.12.2010, as noted above.

3. The prosecution story in nutshell is that on 09.04.2007, a team of officers of Food and Civil Supplies, Kamrup and a team of Officers of Indian Oil Corporation Ltd. made a raid at the hotels/restaurants of Bhangagarh area and at about 03:00 pm, they entered i

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