PRAFULLA KR GHOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a Criminal Revision preferred under Section 397/401 Cr.P.'C. stemming out of the judgment and order dated 15.12.90 passed by the Sessions Judge, Kamrup in Criminal Appeal No. 4(K-2) of 90 confirming the conviction of the Revisionist Prafulla Kumar Ghosh recorded by the learned C.J.M, Kamrup tinder Section 7/16 of the Prevention of Food Adulteration Act. 1954 (for short, 'the PF Act") sentencing the Revisionist to RI for 6 months and a fine of Rs. 1000/-, in default of payment of fine. 2 months further RI.

(2.) I have heard Mr. D.K.Bhattacharjee, learned counsel for the Revisionist. Also heard Ms.K.Deka, learned PP, Assam for the State.

(3.) On 2.9.86 at about 12 a.m., Sri T.K. Barman, PW 1, Food Inspector, Kamrup visited the Mango Icecream Factory, Paltan Bazar, Guwahati owned by the revisionist and inspected the stock of the Ice candy. The Food Inspector collected the sample of the saidice candy weighing 900 grams and after performing the necessary formalities, sent the sample to the Public Analyst, Assam. The Public Analyst in his report dated 20.9.86 found the sample to be artificially sweetened. On the request of the accused-revisionist, another sample was sent to the Director, Central Food Laboratory under Section 13 of the PF Act, who also concurred with the analysis of the Public Analyst, Assam. A complaint was filed and the accused was put on trial who pleaded not guilty and claimed to be tried. On evidence, the learned CJM found the accused guilty under Section 7/16 of the PF Act, in appeal, learned Sessions Judge has confirmed the conviction.