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2021 Supreme(Tri) 21

S.G.CHATTOPADHYAY
Dulal Sarkar S/o Late Ashu Sarkar – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. P.K. Biswas, Mr. P. Majumder, Mr. Debajit Biswas.
For the Respondent: Mr. Ratan Datta.

JUDGMENT :

S.G. CHATTOPADHYAY, J.

1. This Criminal revision petition is directed against the judgment dated 06.08.2018 delivered in Criminal Appeal No. 1(01) of 2017 by the Additional Sessions Judge, Gomati Judicial District, Udaipur affirming the judgment and order of conviction and sentence passed by the Chief Judicial Magistrate of Gomati Judicial District, Udaipur convicting the petitioner for committing offence punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 and sentencing them as follows:

S. No.

Name

Offence

Sentence

Default Sentence

1.

Sri. Titash Sarkar

Under Section 7(1)(a)(ii) of E.C. Act, 1955

R.I. for 2(two) years and fine of Rs. 10,000/-

R.I. for six months

2.

Sri. Dulal Sarkar

The petitioners have challenged their conviction and sentence by means of filing this criminal revision petition.

2. The genesis of the prosecution case is rooted in the suo motu FIR lodged by Dipak Bhattacharjee (PW-8) at Kakraban Police Station alleging that pursuant to a tip-off received from secret source of police, he along

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