SAMIR K R MISRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Petitioner is aggrieved by the order dated 30th January, 2003 passed by the learned Sessions Judge-1, Tinsukia in Criminal Appeal No. 44(3)/2002.

(2.) A Sample of Chilli Powder was taken from a jar in the shop of the Petitioner. On an analysis thereof by the Public Analyst, it came out that the Chilli Powder contained added common salt of 0.69 per cent. On this basis, the Public Analyst clame to the conclusion that the sample of Chilli Powder is adulterated.

(3.) Proceedings were then initiated against the Petitioner for violation of Section 7 and 16 of the Prevention of Food Adulteration Act, 1954. The Chief Judicial Magistrate, Tinsukia convicted the Petitioner and directed him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000, and in default thereof, to undergo further rigorous imprisonment for one month.