ANIL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The convict-Petitioner has preferred this revision petition against the judgment and order dated 17.6.2003 passed by the learned Sessions Judge, Cachar, Silchar in criminal appeal No. 9(1) of 2003 dismissing the appeal and affirming the judgment and order dated 17.2.2003 passed by the learned Chief Judicial Magistrate, Cachar, Silchar in CR case No. 1701 of 1997 convicting the Petitioner under Section 7/16 of the Prevention of Food Adulteration Act, 1954 and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 1000/- in default to suffer another term of one month.

(2.) Heard Mr. N. Choudhury, learned Counsel for the Petitioner and Mr. B.B. Gogoi, learned additional public prosecutor, Assam. Also perused the impugned judgment.

(3.) The prosecution case is that one Sri S. Dutta, a Senior Food Inspector visited the shop of one Munindra Chandra Paul at Fatak Bazar, Silchar where Petitioner was found as a salesman in the said shop. The said Food Inspector purchased 300 gms of turmeric powder from the Petitioner and then sent it for analysis whereupon it was found that the sample contained rice powder mixed with turmeric powder and accordingly an offence report was submitted to the court of learned Chief Judicial Magistrate, Cachar, Silchar against both Munindra Chandra Paul and the Petitioner.