UTTAM MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS revision is directed against the Judgment and order dated 17. 3. 97 passed by the learned Sessions Judge, Nagaon, in Criminal Appeal No. 3 (N)/97 dismissing the appeal.

(2.) ON 24. 4. 1990 the Food Inspector, Nagaon collected samples of rice from the shop premises of Harparbati Bhandar owned by the petitioner Uttam Mazumdar. On analysis, the public analyst found the sample to be adulterated as the sample contained damaged grain 9. 7%, insect damaged grains 4. 68%, live insects 100 numbers and dead insects 300 numbers. The sample was, therefore, held to be adulterated, as it does not comply with the standards laid down in Appendix B of the Prevention of Food Adulteration Rules (for short the Rules ).

(3.) THE trial court, on conclusion of the trial, convicted the accused petitioner for commission of offence punishable under Section 16 (1) (a) (i) read with Section 7 of the Prevention of Food Adulteration Act (for short the Act) and sentenced the accused petitioner to imprisonment for 6 months and to pay a fine of Rs. 1000/- in default further imprisonment for one month. Feeling aggrieved, the convict preferred Criminal Appeal No. 3 (N)/97 and the learned Sessions Judge, Nagaon vide impugned order upheld the order of conviction and sentence and dismissed the appeal and hence the present revision.