NABIJAN Vs. STATE

JUDGEMENT

(1.) This revisional applications is against an order dated 17.11.97 passed by the learned Sessions Judge, 11th Bench of City Sessions Court, Calcutta in Criminal Appeal No.1 of 1992 thereby dismissing the appeal and affirming the order of conviction and sentence dated 17.12.91 passed by the learned Senior Municipal Magistrate in Case No. 70D of 1981 convicting the accused-petitioner under Section 16 (1)(a)(1) of the Prevention of Food Adulteration Act read with Section 7 of the said Act and sentencing him to suffer R.I of 6 months and to pay a fine of Rs. 1,000/- in default to suffer R.1 for one month more.

(2.) The prosecution case in brief is that on 5th May, 1981 at about 1.30 p.m., the Food Inspector (P.W. 2) inspected the Eating House situated at IA Rajmohan Street, Calcutta owned by the accused Nabijan' as the proprietor. In course of inspection the Food Inspector found one Md. Ismail who described himself as the person in-charge of the business place. The Food Inspector inspected the kitchen and found there about 500 grams of Lanka Powder and suspecting the same to be adulterated the Food Inspector obtained a sample of Lanka Powder weighing about 450 grams from the accused Md. Ismail. A part of the sample was sent to the Public Analyst for examination and report. The Public Analyst vide his report dated 30th May, 1981 opined the said sample to be adulterated.

(3.) It appears from record that the case against Md. Ismail abated due to his expiry.