UTTAM KUMAR SUREKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By judgment and order, dated 25.05.2004, passed, in Criminal Appeal No. 44/02, by the learned Additional Sessions Judge, Kamrup, Guwahati, the appeal of the present accused-petitioners was dismissed by upholding the judgment and order, dated 26.11.2002, passed, in CR Case No. 779/2000, by the learned Additional Chief Judicial Magistrate, Kamrup, whereby each of the accused-petitioners stood convicted under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'PFA Act') and sentenced to undergo rigorous imprisonment for a period of 6 (six) months and pay fine of Rs. 1,000.00 and, in default of payment of fine, suffer rigorous imprisonment for a further period of 3 (three) months.

(2.) The case of the prosecution may, in brief, be described thus: The accused-petitioner No. 1, namely, Uttam Kumar Sureka, is the Manager of 'Friends Chakki Mill', situated at Ambari Tiniali, Guwahati, with the accused-petitioner No. 2, Sajjan Kumar Sureka, as the prop-rietor of the said Mill. On 10.03.2000, a Food Inspector (PW1), accompanied by his Office Peon (PW2), visited the said Mill and, on inspection, having found turmeric powder kept exposed for sale for human consumption, the Food Inspector disclosed his identity to the said Uttam Kumar Sureka, who was managing the affairs of the said Mill, at the relevant point of time, gave a notice, in Form VI, to accused Uttam Kumar Sureka and purchased 450 grams of turmeric powder by making payment of a sum of Rs. 27.00 (Exhibit 1) and obtained receipt (Exhibit 2) therefor.

(3.) Thereafter, having divided the said sample of turmeric powder into three parts, as required by the procedure laid down inthe PFA Act and the rules framed thereunder, the Food Inspector sent one of the samples, for analysis, to the Public Analyst, Assam, who, in turn, on analyzing the said sample of turm-eric powder, opined that the sample of turmeric powder was adulterated.