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ARUN DEV CHOUDHURY
Shah Nawaz Hussain, S/O Mushaid Ali – Appellant
Versus
State Of Assam Represented By The Public Prosecutor – Respondent
JUDGMENT :
Arun Dev Choudhury, J.
1. Heard Mr. I.A Hazarika, learned counsel for the petitioner. Also heard Mr. P Borthakur, learned Addl. PP, Assam.
2. The present application is filed under section 397/401 Cr.P.C assailing the judgment and order dated 05.06.2018, passed by the learned Addl. Chief Judicial Magistrate, Morigaon in GR Case No.1728/2016, whereby the petitioner was convicted under section 14 of the Assam Game & Betting Act, 1970 (hereinafter referred to as ‘Act, 1970’) and was sentenced to undergo RI for six months and to pay a fine of Rs.10,000/-in default, RI for another one month.
3. Being aggrieved, the petitioner preferred an appeal before the learned Sessions Judge, Morigaon in Crl. A No.15/2018, however, the learned Sessions Judge under its judgment and order dated 07.11.2019, dismissed such appeal and upheld the judgment and conviction dated 05.06.2018.
4. Being aggrieved, the petitioner preferred the present revision petition.
5. The prosecution story in brief is that on 13.07.2016 at about 6.00 PM, on a secret information SI Sri Jyotirmoy Dutta went to the shop of Md. Mushaid Ali, who is the father of the petitioner and found the accused petitioner Md. Shah Nawaz
The prosecution must prove possession of betting instruments for conviction under the Assam Game & Betting Act, 1970.
In cases involving first-time offenders, courts must mandatorily consider the applicability of probation laws. While statutory presumptions in special statutes support conviction, sentencing should p....
The prosecution must prove beyond reasonable doubt that the accused were engaged in activities prohibited by the relevant legislation, and the court must carefully evaluate the evidence presented.
Illegality in investigation goes to root of matter.
Non-examination of Investigating Officer and Doctor does not affect prosecution case in any way where evidence of PWs is credible.
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