BIRENDRA KUMAR SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner, Birendra Kumar Sharma, has been convicted under Sec. 16 read with Sec. 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the Act").

(2.) On 3-4-74, Shri P.C. Saikia, District Food Inspector visited M/s. Jayashree Rajasthan Stores, a partnership firm, and purchased the sample of "Mug Dal" and sent the same for chemical analysis to the Public Analyst, who sent his report on 19-6-74 to the effect that "coal-tar dye metanil yellow present in trace". Sanction for prosecution was obtained on 6-8-74 and the petitioner who was the Manager, with three partners, as well as the firm, were prosecuted in G. R. Case No. 1760/74. At the trial, the prosecution examined two witnesses, namely, P. W. 1 Shri P.C. Saikia, Food Inspector, and P.W. 2 Shri Liladhar Neog, Peon of the Civil Surgeon's office who witnessed the sale. The defence examined one of the partners, Shew Prasad Agar-walla, and the Court examined the Public Analyst Shri P.K. Das. The Chief Judicial Magistrate convicted the petitioner and the firm and sentenced the petitioner to six months R I. and a fine of Rs. 1000.00, in default, further one month, and the firm to pay a fine of Rs. 1000.00. Others were acquitted. On appeal, the learned Sessions Judge maintained the conviction and sentence of the petitioner but acquitted the firm on benefit of doubt. Hence this petition.

(3.) Mr. P.G. Barua, learned counsel for the petitioner assails the conviction on the following grounds, (1) that Rules 7, 16 and 18 of the Prevention of the Food Adulteration Rules were violated; (2) that section 10(7) of the Act was violated and the same being mandatory, the trial was vitiated; (3) that the sanction in respect of the firm having been held to be interpolated the entire sanction was vitiated.