RAJARAM RATHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present petitioner, faced the trial in CR Case No. 206 of 1999, in the Court of learned Chief Judicial Magistrate, Jorhat, on a charge framed under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (in short, 'PFA Act').

(2.) Heard Mr. N Choudhury, learned counsel, for the petitioner, and Mr. D Das, learned Additional Public Prosecutor, Assam.

(3.) The case of the prosecution, as unfolded at the trial, may, in brief, be described thus: On 15-06-1999, at about 11 am, the complainant, a Food Inspector (PW1), accompanied by his office peon (PW2), visited a grocery shop, at Socklating Tea Estate, Jorhat, which is run under the name and style of M/S Raja Ram Rathi, and, on inspecting the articles of food kept there exposed for sale for human consumption, he disclosed his identity to accused No. 1, namely, Sudama Rai and purchased sample of iodized salt after giving to the accused No. 1 a notice in Form-VI. The sample, so purchased, was divided into three equal parts. One part of the sample was sent to the Public Analyst, Government of Assam. The Public Analyst reported that the sample was adulterated inasmuch as the same did not conform to the standards. On receipt of the report, the Food Inspector (PW1) obtained necessary sanction for prosecution of Sudama Rai and the present petitioner, namely, Rajaram Rathi, as accused No. 2, the accused No. 1 being the vendor and accused No. 2 being the proprietor of the said business establishment.