AZMAL HUSSAIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned counsel for the petitioner and also heard F.H. Laskar, learned Public Prosecutor, Assam.

(2.) The petitioner has challenged his conviction under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (for short "the Act") and sentence to undergo rigorous imprisonment for one year and also to pay fine of Rs.4,000/- in default to undergo for another rigorous imprisonment for two months imposed by the learned Chief Judicial Magistrate, Cachar, Silchar vide Judgment and order dated 8.8.2001 in C.R.No. 1003/98 being affirmed vide impugned judgment and order dated 5.4.2003 by learned Additional Session Judge, Cachar, Silchar in Crl. Appeal No.6(3)/2001, dismissing the appeal preferred by the petitioner.

(3.) The brief facts of the prosecution case are that one S. Dutta, Food Inspector (Senior), Silchar lodged a complaint against the petitioner, the owner of M/s S. A. Enterprise, Silchar alleging inter-alia that on 28.1.98 while he visited the premises of the aforesaid shop, he found 10 Kgs. of turmeric powder and 12 Kgs. of chili powder stored in a container for sale and on suspicion, the said officer collected the samples of the said turmeric and chili powder in presence of the petitioner who was present at the time of such inspection conducting the business of the shop, after observing all necessary formalities under the provision of the Act as well as Rules framed thereunder. The samples of turmeric and chili power were sent to the Public Analyst, Assam who after such analysis sent a report opining that the sample of turmeric and chili powder were adulterated. Thereafter, obtaining a proper sanction, a prosecution was launched against the petitioner under the aforesaid sections.