GAURANGA AICH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 9.3 83 passed by the learned Sessions Judge, Lakhimpur, whereby the petitioner's appeal against the judgment and order dated 4.1.82 passed by the learned Additional Chief Judicial Magistrate, North Lakhimpur convicting the appellant under Sec. 16 read with Sec. 7 of the Prevention of Food Adulteration Act hereafter for short the 'Act', and sentencing him to undergo six months' R.I. and to pay a fine of Rs. 1000.00 was dismissed.

(2.) Briefly, the prosecution case was that the petitioner Gauranga Rich had a grocery shop at North Lakhimpur. On 13.7.78 S.R. Baruah, District Food Inspector, hereinafter referred as the Inspector, visited the shop and collected samples of chilli powder. The samples were divided into three empty polythene bags and sealed in presence of the witnesses. One sample was sent to the public analyst whose report was that the chilli powder was adulterated. Sanction for prosecution of the petitioner was obtained and prosecution of the petitioner followed. On the petitioner's request a sample of chilli powder was sent to the Central Food Laboratory, Calcutta which also reported the chilli powder was adulterated 'for add ion of common' salt'.

(3.) The prosecution led evidence and on its consideration, the learned Trial Court held that the offence under Sec. 16 read with Sec. 7 of the Act, had been committed and accordingly sentenced the petitioner as noted earlier. The petitioner's appeal to the learned Sessions Judge did not succeed.