A K CHAKRAVARTY Vs. STATE

JUDGEMENT

(1.) BOTH the petitioners have been convicted under Sections 7/16 Prevention of Food Adulteration Act. The sentence awarded to Sri A. K. Chakra-varty is that of a fine of Rs. 2,000 and in default to undergo rigorous imprisonment for one year. The sentence awarded to Sri A. K. Bhattacharya petitioner is also that of a fine of Rs. 1000 only and in default to undergo six months' rigorous imprisonment.

(2.) THERE is a private limited company in the town of Varanasi known as "healthway Private Ltd. " The business that it carries on is of manufacture and sale of milk powder known as 'shishu Milk Food'. Petitioner Sri A. K. Chakra-varty is the Director and the petitioner Sri A. K, Bhattacharya is an employee thereof. He is a salesman according to the case of the prosecution. On 15th June 1964, the Food Inspector Sri Vijay Bahadur Srivastava (P. W. 1) obtained sample of milk powder which on analysis was found to be deficient. Petitioner Sri A. K. Chakravarty pleaded that when the sample was taken, he was not at Varanasi but was at Calcutta. The other petitioner Sri Bhattacharya pleaded that there was no sale of any sample in this case. The Food Inspector took the sample from the condemned stock stored in the godown. No price was received for the same. Nor was entry made thereof in the account books of the company. No regular receipt on the prescribed form, of the company was given for the same. It was also alleged that he was not the salesman of the company and consequently he had no authority to sell the same to the Food Inspector.

(3.) THE conviction of the petitioner in this case is based solely on the testimony of the Food Inspector Sri Vijay Bahadur Srivastava (P. W. 1 ). No other witnesses were produced by the prosecution.