KAMAL KUMAR DHANUKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.S. Sharma, learned counsel for the petitioner/convict and Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the State respondent.

(2.) This criminal revision under Sections 397 read with Section 401 Cr.P.C., is directed against the judgment and order, dated 07.09.2010, passed by the learned Sessions Judge, Kamrup at Guwahati in Criminal Appeal No. 84/2009 upholding the judgment and order, dated 29.10.2009, passed by the learned Chief Judicial Magistrate, Kamrup at Guwahati in C.R. Case No. 2779C /2001 whereby the petitioner/accused was convicted and sentenced to suffer simple imprisonment for a period of 6 (six) months and to pay a fine of Rs.5,000/- (Five Thousand) only, in default to suffer further simple imprisonment for another 1 (one) month and also convicted the original accused No. 3/Ambika Flour Mill to pay fine of Rs.10,000/- (Ten Thousand) only under Section 16(I)(a)(ii) of the Prevention of Food Adulteration Act, 1954 (For short 'PFA Act').

(3.) The prosecution case, in brief, is that on 29.08.2001, the Food Inspector, Kamrup, Sri Hiren Gogoi visited the premises of Ambika Flour Mill, Maligaon, for inspection of the food stuff stored and manufactured for sale for human consumption. The Food Inspector disclosed his identity as food Inspector of Kamrup to Nemichand Sharma, who disclosed to him to be the In-Charge of the flour Mill and Kamal Kumar Dhanuka as PFA Nominee. Notice under Form VI was served upon Nemichand Sharma and thereafter, the Food Inspector purchased and took two samples of Besan; one from a sealed packet of 1 kg and another from a packet of 500 gms for sending the samples to Public Analyst, Assam for analysis of its purity. The Food Inspector divided the samples in 3 equal parts (total 6 parts) and they were packed and sealed following all the formalities of PFA Act and rules made thereunder. Thereafter, the Food Inspector prepared copies of memorandum. One part of each samples together with a copy of memorandum was sent to the Public Analyst, Assam for examination. Other 4 parts of the samples together with the copies of memorandum were deposited with the Local Health Authority.