SUBHASH GHOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner Sri Subhash Ghosh was tried for commission of offence for storing and selling adulterated Turmeric Powder. A sample of turmeric powder was collected from the shop of M/S Ghosh & Sons situated at Mariani. The Public Analyst found the sample to be adulterated whereupon, the prosecution was launched after obtaining necessary sanction and on conclusion of the trial, learned Addl. Chief Judicial Magistrate convicted the accused petitioner u/ s 7/16 of the Prevention of Food Adulteration Act, 1954 (for short the Act) in C.R. case No. 171/88 and sentenced the accused-appellant to imprisonment for 6 months and to pay a fine of Rs. 1,000/-.

(2.) Feeling aggrieved the petitioner preferred criminal appeal No. 19/93 before the Sess. Judge, Jorhat who vide impugned order, affirmed the order of conviction and sentence dismissing the appeal. Hence, the present revision.

(3.) The sole ground on which the conviction of the petitioner has been challenged before us, is regarding alleged non-compliance of the provisions of Sec. 13(2) of the Act which reads as follows: