BIPUL SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.M. Bora, learned counsel appearing for the Petitioner and Mr. B.S. Sinha, Addl. Public Prosecutor, Assam for the State. The brief fact of the case is that on 29.06.2011 one Smti. N.N. Begum, Food Safety Officer of Darrang District along with an office staff visited the business premises of M/s. Balaji Chat House, LNB Road, Mangaldai, District-Darrang, owned by its Proprietor Sri Sambhu Mahato, for inspection of the food articles kept therein for human consumption and collected a sample of vegetable sauce for analysis that was kept in the said shop complying all legal formalities under the provisions of Prevention of Food Adulteration Act, 1954 (P.F.A. Act, in short) and the 1955 Rules framed under the said 1954 P.F.A. Act.

(2.) On 30.06.2011 the said Food Safety Officer submitted a part of the sample of vegetable sauce that was collected on 29.06.2011 from 'Balaji Chat House' to the Public Analyst, Government of Assam, Bamunimaidam, Guwahati and after necessary examination, the Public Analyst, Government of Assam by his report No. PF/M/7/11 dated 30.07.2011 gave his opinion holding that the said sample of vegetable sauce is an adulterated one.

(3.) On receipt of necessary written consent/prosecution sanction from the Joint Director of Health Services Darrang, Mangaldai, on 31.10.2011 the said Food Safety Officer, Darrang District lodged a complaint with the offence report before the Chief Judicial Magistrate, Darrang, Mangaldai to initiate prosecution and to take cognizance against the offender.