MAHABIR PRASAD AGARWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 16.9.97 passed by the learned Sessions Judge, Tinsukia in Criminal Appeal No. 11(3)/95, by which the learned Sessions Judge dismissed the appeal and affirmed the order of conviction and sentence passed by the learned trial Court.

(2.) On 4.1.88, the Food Inspector collected sample of Chilly Powder from the premises of M/s. Vinod Flour Mills, Tinsukia, when the vendor, the petitioner, Mahabir Prasad Agarwal was present. On analysis, the Public Analyst found the sample to be adulterated and, thereafter, the petitioner was tried by the learned Chief Judicial Magistrate, Tinsukia, in C,R. 237/88. The learned trial Court convicted the petitioner, as the owner of the said Mill, under Section 16 read with Section 7 of the Prevention of Food Adulteration Act, for short 'the Act' and sentenced him with imprisonment for 6 (six) months and to pay a fine of Rs. 1000/-, in default to further imprisonment for 3 (three) months.

(3.) Feeling aggrieved, the petitioner preferred Criminal Appeal No. 11(3)/95 before the learned Sessions Judge, Tinsukia, who, vide the impugned judgment, dated 16.9.97, dismissed the appeal and upheld the order of conviction and sentence. Hence, the present revision