OM PRAKASH SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS revision petition is directed against the judgment and order passed by the learned Sessions Judge, Kamrup, at Guwahati in Case No. C.A. 13 (K -3)/84. By the said judgment, the learned lower appellate court found accused Sita Ram Sharma not guilty and accordingly he was acquitted. It may be stated that accused Sitaram according to prosecution was the owner of M/s. Kailash Mistanna Bhandar, Silpukhuri, Guwahati and accused Om Prakash Sharma was the Manager. The learned lower appellate court maintained the conviction of accused Om Prakash Sharma, Manager. He was convicted by the learned Chief Judicial Magistrate, Kamrup in Case No. 2008 of 1978 under Section 16(1) (a)(i) read with Section 7 of the Prevention of Food Adulteration Act and sentenced him to undergo R.I. for 6 month and a fine of Rs. 1,000/ -.

(2.) ON 24.8.77, the Food Inspector purchased for analysis sample of cow's milk from accused Om Prakash Sharma, Manager of the above Kailash Mistanna Bhandar which according to prosecution was kept for selling. The samples after taken was sent to Public Analyst and it was found adulterated. Thereafter, the accused exercised the option under Section 13 of the Act and at his request it was sent to the Director of Central Food Laboratory. The Director also found the sample sub -standard and a complaint petition was filed after obtaining appropriate necessary sanction. Exhibit -2 is the report of the Public Analyst and exhibit -16 is the report of the Director of Central Food Laboratory.

(3.) FOLLOWING dates are important and the said dates are the sample was lifted from the shop on 24.8.77. It was received by the Public Analyst on 25.8.77 who examined it on 5.10.77 and the complaint petition was filed on 3.10.78. The accused persons appeared before the court on 16.10.78 and on the same date application was filed for sending a part of the sample to the Director of Central Food Laboratory. The order was passed allowing the prayer on the same day, but the sample was produced before the court only on 30.10.78 though according to legal provision, it has to be produced within 5 days. The sample was sent to the Director, Central Food Laboratory on 7.11.78 which was received by him on 7.11.78 and analysed on 22.11.78.