DEV PRASAD SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY judgment and order, dated 08.06.2004, passed, in Complaint Case No.81C/99, by the learned Sub -Divisional Judicial Magistrate (Sadar) No.II, Guwahati, the accused -petitioner stands convicted under Section 16 read with Section 7 of the Prevention of Food Adulteration Act, 1954, (in short, the PFA Act) and, following his conviction, he has been sentenced to suffer simple imprisonment for six months with fine of Rs.2,000/ - and, in default thereof, undergo simple imprisonment for a further period of three months.

(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described thus: On 07.11.98, one Sri T.K. Barman, Senior Food Inspector, after disclosing his identity and after serving on the accusedpetitioner a notice in Form VI, purchased, for value, a sample of cow s milk from the accused -petitioner at Fancy Bazar, Guwahati, the quantity of milk being 750 ml. The milk, so purchased, was divided into three equal parts and kept the same in new, clean and dry bottles by adding 20 drops of formalin to each part of 250 ml of the sample and the bottle of the mouth was closed. In course of time, one of the samples was sent, for chemical examination, to the Public Analyst, Assam. The Public Analyst reported that the sample of milk did not conform to the standard. Thereafter, the Food Inspector obtained requisite sanction for prosecution of the accused -petitioner and laid a complaint accordingly in the Court of the learned Chief Judicial Magistrate, Kamrup.

(3.) DURING trial, the accused -petitioner pleaded not guilty to the charge framed against him under Section 16 read with Section 7 of the PFA Act.