SWAPAN DEBNATH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was convicted of an offence punishable under Sec. 16 (1) (a) (i) of the Prevention of Food Adulteration (Amendment) Act, 1976 and sentenced to suffer imprisonment for 3 months and to pay fine of Rs.500.00 by a judgment and order of conviction dtd. 6/8/2012 passed by the Learned Judicial Magistrate, 4th Court, Krishnanagar, Nadia, in Case No. 497C of 1994 corresponding to T.R. No. 363 of 1994.

(2.) The aforesaid order of conviction was affirmed on appeal by the Learned Additional Sessions Judge, First Track Court-1, Krishnanagar, Nadia in Criminal Appeal No. 2 of 2012.

(3.) The Sub-Divisional Food Inspector, Sadar, Sub-Division Nadia lodged a complaint dtd. 27/7/1994 which precisely stated the petitioner to own a grocery shop at Chatapara, Tehatta, dealing with storage and sale of food item namely ('Atta' which was kept in a sack). On an inspection the Food Inspector purchased a sample of wheat powder from a sack containing 20 kilogram 'Atta' on presumption of the same being adulterated. He complied the legal formalities in presence of a witness named Mohan Ghosh, in order to send the sample to Public Analyst, Nadia.