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IN THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Satya Narayan Sarmah, S/o- Late Chiranjilal Sarmah – Appellant
Versus
State of Assam, Represented by the Public Prosecutor – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
Heard Mr. T. Gogoi, learned counsel appearing for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor appearing for the State respondent.
2] The present criminal revision petition is filed under Section 3 97 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C.”), assailing the judgment & order dated 04.03.2013 passed by the learned Chief Judicial Magistrate, Jorhat, (hereinafter referred to as the “trial court”) in C.R. Case No. 348/2009, whereby the accused/petitioner was convicted under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the “EC Act, 1955”), and sentenced to undergo rigorous imprisonment for 1 year and to pay fine for Rs. 20,000/- only, in default of payment of fine to undergo simple imprisonment for 3 months, and further assailing the judgment & order dated 29.09.2014 passed in Criminal Appeal No. 11/2013, passed by the learned Sessions Judge, Jorhat (hereinafter referred to as the “appellate court”), whereby the appellate court partly allowed the appeal by upholding the conviction; however, it modified the sentence to imprison
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