SANWARMAL AGRAWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Agarwal, learned counsel for the petitioner and the learned Public Prosecutor for the respondents.

(2.) This revision is directed against the judgment, dated 20.1.2000 passed by the Sessions Judge, Tinsukia in Criminal Appeal No.11(3)798.

(3.) On 22.10.86 the Food Inspector collected sample of chilly powder from the shop premises of the petitioner accused Sanwarmal Agarwal and on analysis the public analyst found the sample of chilly powder to be adulterated as the sample contained ash contents, crude fibre and common salt to the extent of 20.47%. The total ash as per the parameter laid down in A.05.05.01 of Appendix B of the PF Rules provides that the total ash contents should not be more than 8% by weight whereas in the present case it was found to be 25.95%. Further the common salt was to the extent of 20.47%. The public Analyst therefore, opined that the chilly powder is adulterated. The report of the public analyst has not been challenged by the petitioner. The petitioner was tried by the Chief Judicial Magistrate, Tinsukia in CR 1962/86 and he was convicted under Section 16 (1) (a) read with Section 7 of the Prevention of Food Adulteration Act and sentenced to imprisonment for six months and to pay a fine of Rs. 3000/- in default to further imprisonment for three months.