SUBHASH GUPTA & ANOTHER Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision petition is directed against the judgment and order dated 27.9.2004 passed by the learned Addl.District and Sessions Judge(Ad-hoc), Nagaon in Crl. Appl. No. 52(N)/02 affirming the judgment and sentence dated 23.9.2002 passed by learned Sub-Divisional Judicial Magistrate, Hojai in C.R.Case No. 709/2000 convicting the accused/revision petitioners u/s 7/16 of the Prevention of Food Adulteration Act, 1954 (herein after referred to as the PFA Act) and sentencing them to undergo rigorous imprisonment for six months and to pay a fine of 1000.00 each in default to rigorous imprisonment for two months.

(2.) The facts of the case in a nutshell, is that on 17.6.2000 Senior Food Inspector Sri CK Pathak of Nagaon accompanied by his Peon Narayan Ch.Bania visited the Chakki Mill of the accused/revision petitioners at Lalpatty, Hojai and collected sample of coriander whole(dhania) and part of the sample was sent to Public Analyst for examination. After examining the same, the Public Analyst opined that the sample of coriander(dhania) whole did not conform to the standard. After receiving the report, the Food Inspector filed complaint against the accused/revision petitioners u/s 7/16 of the PFA Act, after obtaining necessary sanction from the Local Health Authority. The Food Inspector observed all the formalities of the PFA Act and Rules and necessary notices were duly served including the notice u/s 13(2) of the PFA Act.

(3.) During the trial the learned Magistrate recorded the evidence of the Food Inspector and the Peon who accompanied him at the time of taking sample. The accused admitted the ownership of the chakki mill and pleaded that it was a mill for grinding of spices and allied items brought by the customers and charges for grinding was realised from them. The materials were not kept in the mill for selling to the public.