PADMA MOHAN BOSE Vs. AGARTALA MUNICIPALITY

JUDGEMENT

(1.) This Revision petition under Section 397 read with 401 of the Code of Criminal Procedure, 1973 is directed against the judgment dated September 22, 1993 passed by the learned Additional Sessions Judge, West Tripura, Agartala in Criminal Appeal No. 11 (4) 91 arising out of the judgment dated September 5, 1991 pissed by the learned Chief Judicial Magistrate, West Tripura, Agartala in case No. C.R, No. 106 of 1985 convicting the accused -petitioner under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act (hereinafter referred to as PFA) sentencing to suffer three months rigorous imprisonment and also to pay a fine of Rs. 500/- and in default of payment of fine to suffer ten days simple imprisonment. The Additional Sessions Judge confirmed the conviction and set aside the sentence with a direction to the learned Chief Judicial Magistrate. West Tripura District to hear the accused-petitioner and to impose sentence according to provisions of Section 16 of Provisions of Food Adulteration Act. Vide judgment dated July 7, 1995, the learned Chief Judicial Magistrate after hearing on question of sentence, the learned Chief Judicial Magistrate sentenced the accused-petitioner to suffer rigorous imprisonment of six months and also to pay a fine of Rs. 1000/-. in default of payment of fine to suffer simple imprisonment for ten days.

(2.) PW. 1 Shri Sudhir Ranjan Ghosh, Food Inspector of Agartala Municipality collected samples of Mill Ice Candy of yellow colour from M/s Bandhab Ice and Candy Products. Netaji Subhash Road, Agartala disclosing his identity to the accused-petitioner who is the owner of the said business firm after observing all formalities. Thereafter one of the samples was sent to Public Analyst, State Public Health Laboratory and after analysis Public Analyst submitted his report. Ext. 5, Thereafter on the prayer of the accused-petitioner another sample was sent to the Central Food Laboratory, Calcutta and the Director of Central Food Laboratory submitted his report. Ext. 7.

(3.) In a Revision petition, there is no scope for entering into facts and various rival contentions of parties on facts.