OMPRAKASH SHARMA AND ANOTHER Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the judgment and order, dated 6.8.89, passed. in C.R. Case No. 468C/1987, by the Additional Chief Judicial Magistrate, Kamrup, Guwahati, the accused-appellants stood convicted under section 16 read with section 7 of the Prevention of Food Adulteration Act, 1954 (in short, 'the PFA Act') and, following their conviction, each of them stood sentenced to undergo rigorous imprisonment for 6 (six) months and pay a fine of Rs. 1,000.00 and, in default of payment of fine, to suffer rigorous imprisonment for a period of 1 (one) month.

(2.) The case against the accused-petitioners, as unfolded at the trial may, in brief, be described thus : P.W. 1, a Food Inspector, visited the hotel run by the accused-petitioners No. 2 under the name and style of Jagadamba at Fatasil Bazar, Guwahati, and, on finding curd sold there, purchased 600 grams of curd from the accused-petitioner No. 1. who was functioning as manager at the said hotel. P.W. 1 divided the curd, so purchased, into three equal parts. One part of the sample of curd, so drawn. Was sent to the Forensic Science Laboratory for chemical analysis. The sample, on chemical analysis, was reported to be adulterated. After obtaining requisite sanction for prosecution of the accused-petitioners, a complaint was lodged, in this regard, by P.W. 1.

(3.) To the charge, framed under section 16 read with section 7 of the PFA Act, the accused-petitioners pleaded not guilty.