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Guwahati Court January 1951 Judgments

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Jan 29 1951

Nandeswar Barua and anr. Vs. the State

Court: Guwahati

Decided on: Jan-29-1951

Ram Labhaya, J.1. This petition of revision is directed against an order of the Sessions Judge, U.A.D., dated 3.5.1950 by which the convictions of the two petitioners under Section 420, Penal Code, were confirmed though their sentences of imprisonment were reduced from 4 months to 3 months and in lieu of this reduction they were sentenced each to pay a fine of Rs. 500 and in default of payment to undergo rigorous imprisonment for one month.2. The main contention raised on behalf of the petitioners is that their convictions are not sustainable on facts. We have gone through the records carefully and see no reason to differ from the finding of fact arrived at by the Courts below.3. The prosecution case is that Jogeswar Barua, petitioner, negotiated a sale of 50 bundles of C.I. sheets with the complainant Mathan Chandra Tamuli. The price fixed was Rs. 80 per bundle. The two petitioners took the complainant to Sdikhaguri and showed him a boat with some stacks of C.I. sheets which he was i...


Jan 05 1951

israil Khan Vs. the State

Court: Guwahati

Decided on: Jan-05-1951

Ram Labhaya, J.1. The petnr. Israil Khan @ Babua was ordered to be externed from the Province of Assam for a period of five years by the order of the Mag., 1st Class, Dibrugarh, dated 18-8-1949. On appeal, the learned Ses. J., UAD, modified the order of externment by reducing the period of externment from 5 to 3 years.2. The petnr. has assailed the correctness of the orders of the Cts. below on several grounds by a petu. Under Sections 435, 439 and 561 A of the Cr. P. C3. Briefly stated the facts are that the proceedings were initiated on a report dated 21-1-1949 from the Inspector of Excise, Dibrugarh, to the Dist. Mag. The report was to the effect that Israil Khan was by habit a smuggler of opium. He was importing opium from outside the Province & selling it to local retailers. His house had been searched on a number of occasions on suspicion but nothing incriminating was found as the result of these searches. It was further stated that he had secret places for storage of opium & h...


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