NIRMAL PODDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. K. Bhattacharya, learned Sr. counsel assisted by Mr. K. Agarwal, learned counsel for the petitioner. Also heard Mr. F. H. Laskar, learned PP. Assam.

(2.) The conviction of the petitioner, under Section 16(1) read with Section 7 of the Prevention of Food Adulteration Act, 1954. (for short The Act") and subsequent sentence of rigorous imprisonment for 6 months and to pay a fine of Rs. l.OOO/-, in default to undergo rigorous imprisonment for another period of 3 months passed by the learned CJM, Jorhat on 18-7-91 in CR No. 203/89 which was confirmed by the learned Sessions Judge by his order dated 12-5-92 in Criminal Appeal No. 24 of 91, is the subject-matter of challenge in this criminal revision petition.

(3.) The prosecution case briefly stated is that one Sri B. N. Pathak, Food Inspector, Jorhat, collected samples of iodised salt on 17-5-89 from the shop of petitioner after observing all legal formalities in accordance with law. He purchased six hundred grams of iodised salt on payment of 60 paise which was kept in an open bag for sale. He then sent the sample of the said iodised salt, on the following day, to the Public Analyst, Government of Assam, Guwahati with a memorandum with intimation to the Local Health Authority, Jorhat. The report was received by him through the Local Health Authority and the Analyst opined that the sample of iodised salt did not conform to the standard. He then submitted all the relevant documents to the Chief Medical and Health Officer, Jorhat praying for sanction for prosecution and latter accorded necessary sanction for prosecution of the petitioner. He, thereafter, submitted the offence report against the appellant under the aforesaid section of the Act.