TARA CHAND JAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision petition is directed against the judgment and order dated 21.6.93 passed by the learned Sessions Judge, Nagaon in Criminal Appeal No. 29 (N-3)90 upholding the conviction and sentence passed by the learned Chief Judicial Magistrate, Nagaon in C.R. Case No. 3442/82. By the aforementioned judgment and order the accused petitioner has been convicted under Section 7/16 of the Prevention of Food Adulteration Act, 1954 and sentenced to undergo rigorous imprisonment for six(6) months and to pay a fine of Rs. 1,000/-, in default, to undergo further rigorous imprisonment of for three (3) months.

(2.) The case of the prosecution, in short is that on 12.1.82, P.W.1 the Food Inspector, Nagaon visited the grocery shop of one Anil Paul situated at Rabindra Nath Thakur Road of Hojai. At that time the accused petitioner was present in the shop. The Food Inspector after issuing notice in Form VI to the accused petitioner, purchased 375 grams of mustered oil. It is the case of the prosecution that in compliance with the requirements under the Act and Rules the sample was divided into three parts and one portion of the sample was sent to the Public Analyst. On receipt of the report of the Public Analyst to the effect that the sample was adulterated, requisite sanction was obtained from the local Health Authority and an offence report was filed in the court of the Chief Judicial Magistrate, Nagaon on the basis of which the instant prosecution commenced. In the course of the trial of the case, the prosecution examined two witnesses and exhibited various documents. At the conclusion of the trial the learned Chief Judicial Magistrate convicted and sentenced the accused petitioner as aforesaid. The appeal before the learned Sessions judge, Nagaon against the aforesaid conviction having been dismissed the present revision application has been filed.

(3.) I have heard Mr. J.M. Choudhury, learned senior counsel for the petitioner and Mr. D. Das, learned P.P. appearing for the State.