BIMAN GHOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Petitioners herein have been convicted under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to in short as, "the PFA Act.") and they have been sentenced to undergo simple imprisonment for 6 (six) months and pay fine of Rs. 1,000/- (Rupees one thousand), in default further simple imprisonment for 2 (two) months vide impugned judgment and order dated 8.1.2003, passed by the learned Chief Judicial Magistrate, Darrang, Mangaldoi in C.R. Case No. 265 of 1998. The said judgment has been affirmed by the learned Sessions Judge, Darrang, Mangaldoi, vide judgment and order dated 7.4.2003 passed in Criminal Appeal No. 8(D-1) of 2003. Being aggrieved with the conviction, the convicts preferred this revision application.

(2.) Heard Mr. J.M. Choudhury, learned senior counsel assisted by Mr. D. Talukdar, learned Counsel for the Petitioners as well as Mr. B.S. Sinha learned Addl. P.P. for the State Respondent/ opposite Party. I have also perused the impugned judgment and the trial court's records.

(3.) The prosecution case is that the Petitioner No. 1, Shri Biman Ghosh is the Manager of a grocery shop namely, M/s. Gosh Brothers, Karimchowk, Mangaldoi and Petitioner No. 2, Shri Debesh Ghosh is the owner of the firm. It is also the prosecution case that on 6.2.1998, one Food Inspector took sample of "BESAN" from the shop of the Petitioners and after chemical analysis, it was found that the sample of the article, stored in the grocery shop for sale, was found mixed with khesali flour. The Food Laboratories opined that the stored article in the shop was adulterated. After adopting necessary formalities, the Petitioners were prosecuted and after trial, they have been convicted.