Guwahati Court September 1957 Judgments

The State Vs. U Pius Lyngdoh Rina and ors.

Court: Guwahati

Sarjoo Prosad, C.J.1. This is a reference made by Mr. C.S. Booth, Deputy Commissioner, United Khasi-Jaintia Hills District, Under Section 438 of the Code of Criminal Procedure, for enhancement of sentence. The facts giving rise to this reference are as follows ;2. On 15-12-1955, the Police submitted a report for the prosecution of the three accused persons - (1) U Pius Lyngdoh Rina, proprietor of Rina Press, Shillong, (2) U Kwell Singh Shallam, and (3) U Kro-shon Thangkhiew, Manager of Rina Press, Under Section 11(2) of The Assam Maintenance of Public Order (Autonomous Districts) Act, 1953 (Act 16 of 1953), for publishing and printing certain documents which contained material which tended to excite or infant feelings of hostility and were intended or likely to undermine the security of the State. On receipt of this report, the accused persons were tried by a Magistrate with first class powers at Shillong. A charge was framed against them which read as follows :That you, on or a...

Heikrujam Ibobi Singh and anr. Vs. Manipur Administration (Prosecutor)

Court: Guwahati

J.N. Datta, J.C.1. This is an application for the grant of bail under Section 498 of the Cr. P. C The two applicants were arrested Order 9-6-57 in connection with a dacoity that was committed on the night Order 12/13! February, 1957. Their bail petitions to the A.D.M-and the Sessions Judge were rejected.2. At present the evidence against one of them consists of a piece of flannel cloth, which was identified as having been stolen during the dacoity, and was recovered from a witness, who alleges to have purchased it from the accused and also of a piece of iron pipe which is said to have been discovered as a result of information given by the accused, and which is similar to some iron pipes which were left by the dacoits at the place of dacoity after having used them for the purpose of firing gun powder.3. As against the other accused it consists of a watch which was also stolen in the course of the dacoity and was recovered from a witness, who alleges to have purchased it from the accus...

State of Manipur (Now Union Territory) Vs. Chunilal Saraogi and anr.

Court: Guwahati

J.N. Datta, J.C.1. This is an appeal by the Government under Section 417 of the Cri. P.' C. against the order of the Magistrate acquitting the two respondents Chunilal Saraogi, a tradesman of Imphal and K. Lei-kham Singh driver of the truck, who were prosecuted for an attempt to export chira (70 maunds in 33 bags) on 5-3-56, in contravention of the provisions of S, 3 of the Manipur Foodgrains (Movement) Control Order, 1956, punishable under Section 7 of the Essential Commodities Act, 1955.2. The facts are simple and not much in dispute. There is also evidence to prove them. Section 3 of the above-mentioned Order of 1956 runs thus:3(1) No person shall export or attempt to export or abet the export of any foodgrains from any place in the State to any place outside the State except under and in accordance with a permit issued by the State Government or any officer authorised by the State Government in this behalf.2. No person shall transport, attempt to trans- port or abet the transport ...

State of Manipur (Now Union Territory) Vs. Chunilal Saraogi and anr.

Court: Guwahati

Reported in: 1958CriLJ1487

J.N. Datta, J.C.1. This is an appeal by the Government under Section 417 of the Cri. P.' C. against the order of the Magistrate acquitting the two respondents Chunilal Saraogi, a tradesman of Imphal and K. Lei-kham Singh driver of the truck, who were prosecuted for an attempt to export chira (70 maunds in 33 bags) on 5-3-56, in contravention of the provisions of S, 3 of the Manipur Foodgrains (Movement) Control Order, 1956, punishable under Section 7 of the Essential Commodities Act, 1955.2. The facts are simple and not much in dispute. There is also evidence to prove them. Section 3 of the above-mentioned Order of 1956 runs thus:3(1) No person shall export or attempt to export or abet the export of any foodgrains from any place in the State to any place outside the State except under and in accordance with a permit issued by the State Government or any officer authorised by the State Government in this behalf.2. No person shall transport, attempt to trans- port or abet the transport o...