PURNA CHANDRA DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) . learned Sr. counsel assisted by Mr. S. C. Biswas, learned counsel for the petitioner, Also heard Mr. F. H. Laskar, learned PP, Assam.

(2.) This Criminal Revision has been directed against the judgment and order dated 31-5-96 passed by the learned Sessions Judge, Sonitpur, Tezpur in Criminal Appeal No. 5 (S-2)/94. The appeal before the Sessions Court preferred by the petitioner was dismissed confirming the conviction of the petitioner under Section 16 read with Section 7 of the Prevention of Food Adulteration Act, 1954 (for short "The Act") and sentence to undergo RI for six months and to pay fine of Rs. 1,000/- in default to further undergo R1 for one month awarded by the learned C.J.M., Sonitpur. Tezpur in G.R. Case No. 279/88 by his judgment and order dated 25-3-94.

(3.) The prosecution case in a nutshell is that one Shri Sonaram Baruah, Food Inspector of Sonitpur, Tezpur lodged a complaint alleging inter alia that on 18-3-88 he accompanied by one Shri Lohit Chandra Rava. bearer of Mobile Laboratory, went to the hotel of the accused/petitioner and after disclosing their identity collected sample of "Boondia Laddu," on being suspected, from the hotel of the petitioner. After observing all the formalities, he thereafter divided the sample of Boondia Laddu into three equal parts and packed into three clean and dry polythene bags separately and sent one part of such sample with a copy of Memorandum in Form VII to the Public Analyst who after analysing the said sample forwarded a report with the opinion that the sample of Boondia Laddu (sweet) was artificially coloured with non-permitted coal-tar colour Metanyl yellow. After receiving the said report, sanction was sought for from the Local Health Authority. Sonitpur and after obtaining such sanction from the concerned authority, the said Food Inspector lodged the complaint against the accused petitioner under the above mentioned sections of the Act. The accused petitioner also, having received a copy of the report of the Public Analyst, applied for examination of the part of the sample by the Central Food Laboratory. Accordingly, on analysis of the part of the sample, Central Food Laboratory also opined that the sample of Boondia Laddu was adulterated.