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Guwahati Court July 1971 Judgments

Jul 22 1971

Zakiamlova Vs. Deputy Commissioner

Court: Guwahati

Decided on: Jul-22-1971

P.K. Goswami, C.J.1. This application is from jail by the petitioner who was arrested on 29-9-70 at Silchar town. The report to the Magistrate is in the following terms and we would like to quote the same in extenso:To, The S.D. M(Ex) Silchar Court Through the P.I. Silchar Court. Ref : - Arrest Under Section 54 Cr.P.C. of Silchar P.S. SirI have the honour to forward herewith the following accd. person into custody who has been arrested Under Section 54 Cr. P. C, with a view to take up a cognizable case. He was brought to the P.S. by one Khiang Thuazus C/o M. Haw. Clerk 6th A. P. Battalion Silchar who to found loitering in Silchar Town in a very suspicious manner. On questioning he has no (sic) any ostensible means of substances (sic) of livelihood and he could not give satisfactory account of himself. He himself said that he has been convicted as a deserter from Assam Rifles and he has been released from Silchar Jail in the month of January last 1970.I therefore pray that he may be...

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Jul 16 1971

The Union Territory Vs. Moirangthem Khomei Singh and ors.

Court: Guwahati

Decided on: Jul-16-1971

R.S. Bindra, J.C.1. This is a State appeal Under Section 417 Criminal P.C. against the judgment dated 6th November 1969 by which Shri P. N. Roy, Additional Sessions Judge. Manipur, acquitted the five respondents of the charge Under Section 395 read with Section 397 IPC2. The prosecution story, succinctly put, is that late on the evening of 9-11-1967 when Pu.ia was being performed in the official quarter olDoctor S. 'P. Sarkar, Medical Officer in charge of Primary Health Centre, Sagolmang, in connection with the birth of a son to him, as many as 15 or 16 persons, clad in? olive green uniforms and carrying weapons including sten guns and daos, entered the quarter from its back side. Some of them stepped into the bed room of Doctor Sarkar where the latter was taking rest. The culprits asked Doctor Sarkar to be up on his feet and raise his hands, and he complied. The culprits then tied his hands, marched him outside the quarter, trained their sten guns at him, and demanded money and other...

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Jul 16 1971

Abdul Hakim Laskar Vs. the State

Court: Guwahati

Decided on: Jul-16-1971

P.K. Goswami, C.J.1. This criminal revision is directed against the conviction of the accused under Section 4 of the Assam Ganja and Bhang Prohibition Act, 1958.2. The accused was found in possession of 250 grams of Ganja which he was carrying in a cloth bag. A Police constable on duty at the Bus Station found him in suspicious circumstances and on being interrogated was satisfied that he was carrying Ganja even from the smell. He then took him with his bag to the Police Station where P.W. 4 the Assistant Sub-Inspector of Police seized the Gania and arrested the accused. It appears from the evidence of P.W. 1 that he submitted a report containing the informations set out above and handed over the accused with the cloth bag to the officer at the Thana, It also appears that the officer-in-charge of the Police Station was also present at the Thana, The learned Courts below refused to rely on the evidence of D.W. 1 the only witness produced by the accused because both the Courts felt that...

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Jul 15 1971

Silchar Municipal Board Vs. Sudhir Chandra Das

Court: Guwahati

Decided on: Jul-15-1971

P.K. Goswami C.J.1. This appeal is at the instance of the Silchar Municipal Board by special leave against an order of acquittal passed by the Magistrate, Silchar.2. The respondent, who will be described hereinafter as accused, was summoned for an offence under section 176 for contravention of Section 171 (I) of the Assam Municipal Act, 1956. That section prohibits a person from constructing a house, inter alia without the sanction of the Municipal Board. It is admitted that the accused had a shed which was found by the retired Overseer P. W. 1 on 13th April, 1966. Some enquiry was made and a certain notice was also issued to the accused, and ultimately, prosecution was launched and sanction from the Chairman was obtained on 23rd September 1966. The offence report was received by the Court on 29th September, 1966 and the accused was summoned under Section 176 of the Assam Municipal Act, 1956 on 27th October, 1966. For the purpose of this case, therefore, the case was instituted on 29...

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