STATE OF ASSAM Vs. BONAWARILAL AGARWALLA

JUDGEMENT

(1.) The accused is the proprietor of a grinding mill situated in the town of Gauhati wherein he prepares chilli powder for sale. On 4.6.71 the District Food Inspector inspected the mill and purchased some sample of chilli powder from the stock maintained by the accused to have it analysed by the Public Analyst suspecting the same to be adulterated. In due course the Public Analyst reported that the article was adulterated in so far as it did not conform to the prescribed standard. After obtaining the consent of the Civil Surgeon of Kamrup, who is the competent sanctioning authority, prosecution was launched against the accused under section 16(l)(a)(i) read with section 7(i) of the Prevention of Food Adulteration Act, briefly the Act.

(2.) Two prosecution witnesses were examined and after considering the entire evidence the learned Magistrate held as follows :

(3.) The conviction and sentence were reported in the press and this Court called for the records of the case (Case No. 1293C of 1971) and issued a Rule for enhancement. The State has been also served with this Rule.