PREMA GHOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a petition under section 397/401 of the CrPC intended to challenge the judgment and order dated 20.5.1995 passed by the Addl Sessions Judge, Sonitpur in Criminal Appeal No.7(S-2) of 1991 dismissing the appeal and the judgment and the order dated 27.3.91 passed by the Sub Divisional Magistrate, Biswanath Chariali in CR Case No.2 of 1989.

(2.) By the impugned judgment, the learned Sub Divisional Magistrate, Biswanath Chariali convicted the accused/petitioner under sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 (herein after in short, the Act) and sentenced him to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 1,000/- in default of fine to further SI for two months.

(3.) The quaint-essence of the allegation is that on 11.11.88 the Food Inspector concerned along with the office Peon of SDM & MO visited the premises of the petitioner who is a Milk vendor collected sample of 'Buffalo Milk' after observing the formalities as prescribed in the Act. One part of the sample so collected was forwarded to Public Analyst in the Govt of Assam, with a memorandum and after analysing the Public Analyst submitted his report with his finding that the milk is adulterated. The prosecution was lodged after obtaining necessary sanction from the Local Health authority.