Radaeshyam Jana v. State
Case brief
What is this about?
This is an old pending appeal against conviction and sentencing under the Essential Commodities Act, 1955, and Fertiliser Control Order for violation of specific paras. The high court dismissed the appeal, affirmed the lower court's conclusion based on a speaking order, and ordered issuance of a warrant for arrest and execution of sentence.
What did the court decide?
Appeal dismissed. Impugned judgment and order affirmed. Warrant of arrest issued and service of sentence directed.
What the court decided
A compact analysis
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02.09.2022
BMJR
CRA 6 of 1992
20
Radhashyam Jana Vs. The State of West Bengal
Mr. Narayan Prasad Agarwala Mr. Pratick Bose
For the State
This is an appeal pending since 1992. On the earlier occasion administrative notice was issued upon the appellant but it was reported by the Department that notice has been returned unserved as the appellant could not be traced out at the given address.
State is represented through learned advocate Mr. Narayan Prasad Agarwala along with Mr. Pratick Bose.
Considering the long pendency of the appeal I think it would be prudent to dispose of the appeal today itself on hearing the same on merit. So, the record is taken up for passing judgment.
The instant appeal has been preferred against the order of conviction under Section 7(1)(a)(ii) of the Essential Commodities Act, for violation of para 4, 5, 7, 35(1)(a)(b) of the Fertiliser Control order, 1985 thereby appellant was sentenced to suffer rigorous imprisonment for 6 months and to pay a fine of Rs. 15000/- in default to suffer simple imprisonment for one and a half months
Issues for consideration
1 issue framed by the court
Whether the appeal against conviction and sentence under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 has any merit.
Parties & counsel
- appellant
Radhashyam Jana
- respondent
The State of West Bengal
Coram
Subhendu Samanta
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · September
- Registered
- Case no.
- CRA/6/1992
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