(1.) The instant criminal revisional application is preferred against the judgment and order of conviction and sentence dated February 28, 1995 passed by the Learned Sessions Judge, Bankura in Criminal Appeal No. 24 of 1994 affirming those dated July 28, 1994 of Learned Sub-Divisional Judicial Magistrate, Bishnupur, 1st class, District - Bankura in Case No. 194C of 1992 convicting the accused petitioner under Ss. 7/16 of the Prevention of Food Adulteration Act and sentencing him to suffer rigorous imprisonment for 6 months and to pay a fine of Rs.1,000.00 in default to suffer further rigorous imprisonment for one month.
(2.) The prosecution case precisely stated that the Sub-Divisional Food Inspector Sri Iswar Chandra Jana and his Assistant Sri Ajit Chandra De had been to the grocery shop of the petitioner and his brother, who were the partners in business on 7/11/1992 at about 11:30 a.m. at village - Nafardanga, P.S. - Sonamukhi, District - Bankura and found 30 (thirty) kilograms of Coriander (Dhania) exposed for sale in a gunny bag which was allegedly insect infested, 450 gms., Dhania was purchased therefrom and after observing the formalities under the aforesaid Act, the same was found to be adulterated both by the Public Analyst as well as by the Central Food Laboratory Report and thereafter the complaint was filed upon obtaining the sanction order from the appropriate authority.
(3.) Learned Advocate for the petitioner stated that no independent witnesses were not examined in the case and only Food Inspector and his Assistant (PW-1 and PW-2) were examined and certain documents were exhibited on behalf of the prosecution and the consistent case of the prosecution was to the effect that the petitioner and his brother were the partners of the business postulating the existence of a firm and/or company within the meaning of explanation (a) to Sec. 17(4) of the Act.