THE STATE OF ASSAM Vs. SRI SUMERMAL JAIN

JUDGEMENT

(1.) THE appeal has been filed by the State against the appellate order acquittal dated 23.6.81 passed by the Sessions Judge, Kamrup, Gauhati in Criminal Appeal No. 26(K -4)79.

(2.) THE facts of the case which are in a narrow compass may be (sic) stated thus. On 19.7.1977, the Area Food Inspector of Gauhati visited the shop of the accused Sumermal Jain and took sample of (sic) kept for sale in the shop. The sample was forwarded to the public Analyst for examination and report. The Public Analyst, who examined the sample, found the same as adulterated and submitted his report accordingly. On the basis of his report the Food Inspector, after obtaining necessary sanction, filed a complaint in the Court of the Chief Judicial Magistrate, Kamrup, Gauhati under Section 16 read with Section 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter 'the Act'). The accused pleaded not guilty.

(3.) THE learned Chief Judicial Magistrate rejected all the aforesaid contentious. He held that Rule 7(1) and Section 10(7) were directory and non -compliance with the requirement thereof would not vitiate the trial. No decision was given on the contention based on the cash memo being an warranty. The last contention was also turned down. The learned Chief Judicial Magistrate held the accused -guilty and sentenced him to simple imprisonment for six months and to pay a line of Rs. 1000/ - in default, to further imprisonment for three months.