CHITTA RANJAN GHOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY the judgment and order, dated 31.03.2004, passed by the learned Chief Judicial Magistrate, Bongaigaon, in CR Case No. 461 of 1999, the accused-petitioner was convicted under Section 16 read with Section 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the PFA Act') and, following his conviction, he was sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 1,000/- and, in default of payment of fine, undergo simple imprisonment for one month.

(2.) I have heard Mr. K Agarwal, learned counsel for the accused-petitioner, and Mr. D Das, learned Additional Public Prosecutor, Assam.

(3.) IN support of their case, prosecution examined, altogether, two witnesses, namely, the Food Inspector (PW1) and his office peon (PW2). The accused-petitioner was, then, examined under Section 313(1)(b) Cr.P.C. and, in his examination aforementioned, the accused-petititoner denied that he had committed the offence, which was alleged to have been committed by him, the case of the defence being that no adulterated curd was ever sold by the accused-petitioner. No evidence was, however, adduced by the defence.