(1.) This is an application under Sec. 401 of the Code of Criminal Procedure. The petitioner was convicted under Sec. 16 of the Prevention of Food Adulteration Act hereinafter referred to as 'the Act') for violation of Sec. 7 of the Act and sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 1000.00, in default, to undergo rigorous imprisonment for three months more, by the Sub-Divisional Magistrate (J), Karimganj. On appeal the conviction was maintained by the learned Sessions Judge but the sentence was reduced to imprisonment for six months, but the fine of Rs, 1000.00 was retained. The prosecution case, briefly, was that the petitioner was selling in his shop Khesari Dal, which is prohibited by law.
(2.) The only point urged by Shri M. A. Laskar, learned Counsel for the petitioner, is that the complainant in the case, Shri Showakat Ali, was not the Food Inspector within the meaning of .Section 9 of the Act. Learned Counsel for the petitioner submits that Showakat Ali was appointed as the Health Inspector and not a Food Inspector. The point was raised before the Magistrate as well as before the Sessions Judge. Both the Courts below have concurrently found that Showakat Ali was appointed Food Inspector at the relevant time. This is a finding of fact not to be interfered with in a revision.
(3.) Shri Laskar submits that this is a fit case in which the sentence should be further reduced, under the proviso to sub-section (1) of Sec. 16 of the Act. The relevant portion of Sec. 16 may be quoted :