DEBNARAYAN SHAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant revision petition is filed by the petitioner for setting aside the judgment dated 17.06.2003 passed by the learned Addl. Sessions Judge, Jorhat in Criminal Appeal No. 19 of 2002 wherein the learned Addl. Sessions Judge, Jorhat upheld the judgment dated 14.03.2002 passed by the learned Chief Judicial Magistrate, Jorhat in CR Case No. 160/ 1999 convicting the petitioner under Section 16 read with Section 7 of the Prevention of Food Adulteration Act, 1954 (for shot, "PFA Act") and sentenced him to suffer RI for a period of six months with a fine of Rs. 1,000/-i.d. to undergo further RI for two months. Heard Mr. TJ Mahanta, learned counsel for the accused-petitioner as well as Mr. BS Sinha, learned Addl. PP for the State.

(2.) Brief facts of the prosecution case are as follows:-

(3.) The Chemical Analyst, Govt. of Assam performed chemical examination on such sample and opined that the sample of turmeric powder sent to him by the Food Inspector was adulterated. He further submitted a report in required number to the Joint Director of Local Health Authority, Jorhat. On receipt of such report, PW 1, Food Inspector observing all the formalities as required under the provisions of PFA Act and the Rules made there under filed a case against the petitioner and also got a notice under Section 13(2) of the PFA Act along with a report of the Public Analyst served upon the petitioner. On receipt of the said notice, the accused-petitioner herein, appeared before the Court and applied for getting a part of sample of turmeric powder kept in the custody of the local health authority examined by the Central Food Laboratory, Gaziabad. The Court on accepting such prayer and after observing the rules and procedures prescribed in that regard sent a part of the sample to the Director, Central Food Laboratory for chemical analysis.