ARUN SINGHVI Vs. STATE THROUGH WEIGHTS AND MEASURES INSPECTORATE

JUDGEMENT

(1.) THIS revision petition is directed against the judgment of the Additional Sessions Judge, Sonitpur at Tezpur in Crl. Appeal No. l7(S -2) of 1989 affirming the order of conviction and sentence passed by learned Judicial Magistrate, Tezpur in C.R. Case No. 281/89.

(2.) ON 4.5.89 a mobile court was concluded at Tezpur town by the Judicial Magistrate and in the present case he accused -Petitioner was found guilty under Section 23 of the Assam Weights & Measures (Enforcement) Act, 1958, for short - -Assam Act. The accused pleaded guilty and accordingly he was convicted and sentenced to fine of Rs. 300/ -. While conducting the mobile court an offence report was submitted before the trial court as the accused -Petitioner was found in possession of a non -matric tailor's tap. The offences was explained and the accused pleaded guilty.

(3.) IT is true that under Section 375 Code of Criminal Procedure no appeal lies, if the conviction by the court of Sessions or Magistrate where the accused pleads guilty except as to the extent of legality of the sentence (emphasis supplied). The words "extent of legality of the sentence" are wide enough and if it is found that the sentence was made without following the provisions of law, it is liable to be set aside.