Guwahati Court April 1982 Judgments

Nishit Ranjan Bhadra Vs. State of Assam

Court: Guwahati

Reported in: 1982CriLJ2253

1. The petitioner was convicted under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966, for short "the Act", and, sentenced to pay a fine of Rs. 1.000/-. The conviction and the sentence have been upheld by the appellate court. Indeed the accused is a poor person.2. The subject-matter of the offence is 7i Kg. of "Assam raw coal", allegedly belonging to the Railway. The petitioner a boiler Khalashi was allegedly found in unlawful possession of coal on 1-10-1972 at about 4.30 P. M. He was found carrying two bags, in one he had "raw coal", and, in the other "an iron plate". However, there is no allegation made during the trial that the bags and the iron plate were the "railway properties". P. W. 1 Kalicharan Deka has deposed that he saw the accused coming with the bags, he suspected his movement and apprehended him. The place, he was apprehended was about 50 yards from the wall of the Loco Shed. After about 2 minutes, it is alleged, P. W. 2 Liladhar reached the place. T...

Debi Bhattacharjee Vs. State of Assam

Court: Guwahati

K. Lahiri, J.1. This revision is directed against the conviction of the accused Under Section 14 of the Assam Games and Betting Act, 1970. The petitioner was sentenced to suffer rigorous imprisonment for 6 months and to pay a fine of Rs. 1000/-. in default, to suffer R. I. for another 15 days. On appeal, the conviction and sentences have been upheld by the learned Sessions Judge.2. The case against the petitioner is that on 14-3-1975 at about 2.45 P.M. he was found selling Teer tickets at Maligaon and was found in possession of some 'instruments of betting.' He was arrested by the Police and the instru ments were seized. On completion of investigation the police submitted charge-sheet against the accused. The prosecution examined 4 witnesses. P. W. 1 Anil Paul stated that there was a crowd in front of his shop and Police asked him to sign a seizure list whereupon he put his signature. However, he was never shown what had been seized by the police. He said that he was not aware whethe...

Nishit Ranjan Bhadra Vs. State of Assam

Court: Guwahati

Reported in: 1982CriLJ2253

ORDERK. Lahiri, J.1. The petitioner was convicted under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966, for short 'the Act', and, sentenced to pay a fine of Rs. 1.000/-. The conviction and the sentence have been upheld by the appellate court. Indeed the accused is a poor person.2. The subject-matter of the offence is 7i Kg. of 'Assam raw coal', allegedly belonging to the Railway. The petitioner a boiler Khalashi was allegedly found in unlawful possession of coal on 1-10-1972 at about 4.30 P. M. He was found carrying two bags, in one he had 'raw coal', and, in the other 'an iron plate'. However, there is no allegation made during the trial that the bags and the iron plate were the 'railway properties'. P. W. 1 Kalicharan Deka has deposed that he saw the accused coming with the bags, he suspected his movement and apprehended him. The place, he was apprehended was about 50 yards from the wall of the Loco Shed. After about 2 minutes, it is alleged, P. W. 2 Liladhar re...

Sayam Ranjan Bhowmik Vs. Tripura Public Service Commission

Court: Guwahati

S.M. Ali, J.1. This revision petition has been filed against the order dated 19-12-81 passed by the learned Subordinate Judge, West Tripura at Agartala in Misc. Appeal No. 89 of 1981 against the order of ad interim injunction passed by the learned Munsiff, Agartala in Misc. Case No. 464 of 1981 arising out of T. S. No. 375 of 1981 restraining the defendant Tripura Public Service Commission (for short the Commission). Agartala from holding the personality test and recommending the names of the selected candidates in connection with the examination held by the Commission under Advertisement No. 4 of 1981 for recruitment to the posts of T. C. S. Grade-II. The suit was brought for declaration of the aforesaid examination as void and illegal and for perpetual injunction. On the petition for temporary injunction the learned Munsiff passed the ad interim order of injunction restraining the Commission from holding the personality test. Against this order an appeal was preferred on behalf of t...