MD NAJRUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) By judgment and order, dated 29.06.2002, passed, in CR Case 1659/1996, by the learned Chief Judicial Magistrate, while the present petitioner, Md. Najrul Islam, was 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 6 (months) and pay fine of Rs. 500/- and, in default to pay fine, undergo rigorous imprisonment for a further period of 15 (fifteen) days, his coaccused, M/s New Kohinoor Bakery, was sentenced to pay fine of Rs. 10,000/-. Aggrieved by their conviction and the sentences, passed against them, both the convicted persons aforementioned preferred an appeal, which gave rise to Crl. Appeal No. 32/2002.

(2.) By judgment and order, dated 14.07.2004, passed in Crl. Appeal No. 32/2002 aforementioned, while the learned Additional Sessions Judge, Nagaon, has set aside the conviction of coaccused, M/s Kohinoor Bakery, and thereby partly allowed the appeal, the conviction of the present accused-petitioner and the sentence, passed against him, has been upheld by the learned Additional Sessions Judge, Nagaon. Aggrieved by his conviction and the sentence, passed against him, the accused-petitioner is, now, before this Court with the present criminal revision.

(3.) I have heard Mr. J. Roy, learned counsel for the accusedpetitioner. I have also heard Mr. K. Munir, learned Additional Public Prosecutor, Assam.