DWARIKA PRASAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner herein is the proprietor of M/s. Sadhu Industries and Oil Mill situated at Lalpatty, Hojai. He has been convicted under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the PFA Act") and sentenced to suffer rigorous imprisonment for six (6) months and to pay a fine of Rs. 1,000/-, in default RI for two (2) months vide judgment and order dated 25-7-. 2002 passed by the Sub-Divisional Judicial Magistrate, Hojai at Sankardev Nagar in C.R. Case No. 1 of 1997. On appeal, the aforesaid judgment and order of conviction was affirmed by the judgment dated 30-8-2003 passed in Criminal Appeal No. 39 of 2002 by ad hoc Additional Sessions Judge, Hojai at Sankardev Nagar. Being convicted and sentenced as indicated above by the impugned judgment and order, the same is challenged by this instant Criminal Revision Petition. I have hearde Mr. B.M. Choudhury, learned counsel appearing for the petitioner as well as Mr. B. Gogoi, learned Additional P.P. appearing for the State-respondent.

(2.) The impugned judgment and order of conviction is primarily challenged on the following three (3) grounds :--

(3.) The facts relevant to the case, at this stage may be summarized as follows :