NIKHIL PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.C. Biswas, the learned counsel for the petitioner and Mr. F.H. Laskar, the learned Addl. P.P. for the respondent.

(2.) This revision is directed against the Judgment and Order dated 10.9.1996 passed by the Sessions Judge, Darrang at Mangaldai in Criminal Appeal No. 251 (D-4) 1985 dismissing the appeal preferred against the Judgment and Order passed by the Chief Judicial Magistrate, Darrang, Mangaldai in C.R. Case No. 112/78.

(3.) The prosecution case is brief is that on 13.8.1977, the Area Food Inspector, Tezpur collected the sample of mustard oil from the grocery shop under the name and style of M/s Tara Kanth Bhandar situated at Udalguri and on analysis, the said sample was found not in conformity with the standard laid down under the Prevention of Food Adulteration Act, for short the Act and the rules framed thereunder. The accused petitioner being the vendor was tried for commission of the offence u/s 7 read with Section 16 of the Act, in C.R. Case No. 112/78 and on conclusion of the trial, the learned Chief Judicial Magistrate, Darrang at Mangaldai convicted the accused petitioner under the above section of law and sentenced the accused petitioner to imprisonment for one year and to pay a fine of Rs. 2,000/- in default further imprisonment for three months. Feeling aggrieved, the accused petitioner preferred Criminal Appeal No. 251 (D-4) 1985 before the Session Judge, Darrang, Mangaldai but to no effect and hence, the present revision.