SUKUMAR ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY the judgment and order, dated 30.09.2004, passed, in criminal Appeal No. 10(l)/2004, by the learned Session Judge, Cachar, Silchar, the appeal has been dismissed and the judgment and order, dated 30.01.2004, passed, in CR 1614/2000, by the learned Chief Judicial Magistrate, Cachar, Silchar, convicting the two accused-petitioners, under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the PFA Act') and sentencing each one of them to undergo rigorous imprisonment for 6 months and pay fine of Rs. 1,000/ and, in default of payment of fine, suffer simple imprisonment for 30 days, stands upheld.

(2.) THE case of the prosecution may, in brief, be described thus: On 26.05.2000, Senior Food Inspector (PW1) visited the shop, belonging to accused-petitioner, namely, Sukumar Chandra Roy, who was not present at his shop and, upon serving a notice, in Form-VI, on accused-petitioner, namely, Sudip Roy, purchased 600 grams of beson and 600 grams of Moong daal (whole) for sending the same to the Public Analyst for analysis. The Public Analyst submitted his report that the samples of beson and moongdal (whole), sent to him, for analysis, were found adulterated.

(3.) BASED on the report of the Public Analyst, Assam, that the sample of moong daal (whole), received by him, was found adulterated inasmuch as the same did not conform to the standard, the Food Inspector applied to the Local (Health) Authority for sanction and, on receiving the requisite sanction, submitted a complain, in writing, to the Chief Judicial Magistrate, Cachar, Silchar. seeking prosecution of the accused-petitioners under Section 7 read with Section 16 of the PFA Act. Notices, as required by Section 13(2) of the PFA Act, were sent to both the accused-petitioners informing them that if they so chose, they could get the sample analyzed by Central Food Laboratory. The accused- petitioners did not, however, apply for sending one of the samples of the said food article, kept in the custody of the Local (Health) Authority, to the Central Food Laboratory for analysis.