HAREKRISHNA MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner before us Sri Harekrishna Mazumdar is the proprietor of 'Muzumdar Stores', a grocery shop situated at Jamunamukh, Dist. Nagaon. On 28.5.1992, Food Inspector visited the shop and collected sample of 'Mothdal' which was stored in the shop for sale on analysis, it was found that the sample of 'Mothdal' is artificially coloured with coal -tar colour Tartrazine which is not permitted to be used in Moth dal (Foodgrain) as per Rule 29 of the prevention of Food Adulteration Act, 1954 and Rules, 1955.

(2.) THE petitioner was tried by the SDJM, Hojal and on conclusion the trial, the learned SDJM convicted the accused appellant under Section 16(1)(a)(i) of the Prevention of food Adulteration Act read with Section 7 of the said Act. The accused was sentenced to imprisonment for 6 months and to pay a fine of Rs. 1,000/ - in default to suffer imprisonment for another one month.

(3.) IN this case, we find that taking of the sample by the Food Inspector is not in dispute, on the contrary, it is admitted by the accused. The defence took up the plea of 'warranty' and led evidence to show that the 'Mothdal' in question, was purchased by them from one Ram Deo Santosh Kumar at Guwahati who was also arrayed as party, but the firm was discharged by the trial Court. The trial Court as well as the appellate Court did not accept the plea of the 'warranty'. On perusal of the materials on record, we find no infirmity in the above findings.