BISWANATH SHAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G. N. Salewalla, learned counsel for the petitioner and also Mr. D. Das, learned P. P., Assam.

(2.) On 4.11.96, two Food Inspectors Shri H.C. Kalita and Shri Tarun Das inspected the Grocery shop of the petitioner at Bengali Balijan Gaon, and they collected two separate samples of Iodized Salt, after issuance of notice etc., the samples were packed and sealed as required under the rule. The Public Analyst submitted a report to the fact that the samples does not conform to the standard, thereafter, two cases were filed being C.R. Case No.3 C/ 98 and 141/98, C.R. Case No. 141/98 is still at the trial stage. In C.R. Case No. 3 C/98, the trial court, upon conclusion of the trial, convicted the accused appellant under Section 16 read with Section 7 of the Prevention of Food Adulteration Act for short, the Act) and sentenced him to imprisonment for 6 (six) months and to pay a fine of Rs. 1,000/- in default and further imprisonment for 2 (two) months.

(3.) Feeling aggrieved, the petitioner preferred Criminal Appeal being Criminal Appeal No. 39(3)/2000 before the Sessions judge, Tinsukia. By the impugned judgment dated 22.12.2000, the appellate court dismissed the appeal and affirmed the order of conviction and sentence.