STATE OF ASSAM Vs. SHYAMLAL AGARWALLA & ANOTHER

JUDGEMENT

(1.) (Oral) - By this appeal the appellant (State of Assam) seeks to challenge the judgment dated 19.5.1985 passed by the learned Chief Judicial Magistrate, Sibsagar in CR Case No. 415 of 1981 acquitting the two respondents from the charge under section 7/16 of the Prevention of Food Adulteration Act.

(2.) Heard Mr. Sk. Noor Mahammed, learned Public Prosecutor and Mr. B.M. Choudhury, learned counsel for the respondents.

(3.) It appears from record of the learned trial Court that respondents were prosecuted in CR Case No. 415 of 1984 on a charge under section 7/16 of the Act for selling adulterated mustard oil from their shop premises. Case of the respondents before the trial Court was that they purchased the mustard oil from a manufacturer in sealed tins. For that purpose the respondents obtained cash memos from the manufacturer as mentioned therein.