M/S. Seetal Corner & ORS v. State Of West Bengal & ANR

11.4.2023 AB Ct. No.236 CRR 2186 of 2008 + CRAN 1 of 2023 In the matter of : M/S. Seetal Corner & Ors.

Md. Shahjahan Hossain Ms. Sanjida Sultans .... For the petitioners Mr. Bidyut Kumar Roy Ms. Rita Datta ..... for the State Supplementary affidavit filed by the petitioners is taken on record.

This criminal revision challenges the judgment and order of conviction passed by learned Municipal Magistrate, Calcutta on 28th December, 2007 against the petitioner Sajjan Kumar Lahoti for committing offence under Section 16(1)(a)(i)/17 of Prevention of Food Adulteration Act. Heard Mr. Hossain, learned counsel for the petitioners and Ms. Datta, learned counsel representing the State. The petitioners made an unsuccessful attempt by challenging the order of conviction in Criminal Appeal No. 7 of 2008. It is fairly submitted by Mr. Hossain that the petitioner Sushil Kumar Lahoti is aged about 70 years and he has been passing through the agony of being convicted in a proceeding that was initiated in the year 1998. It is further submitted that this Court should interfere with the

sentencing part of the judgment passed by learned Trial Court and affirmed by learned Appellate Court. Since the matter is pending for 25 years, I am of the view of that ends of justice would be met, if the petitioner is sentenced to pay a fine of Rs.5,000/- to the Calcutta High Court Legal Service Committee by 18th April, 2023. The order of conviction is thus modified; with this Criminal Revision is disposed of.

Order of stay, if any, stands vacated.

Copy of the order be sent down to the learned Court below for information and necessary action.

(Siddhartha Roy Chowdhury, J.)