BINOD KUMAR SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 20.12.2002 passed by the learned Additional Sessions Judge No.2, Sibsagar in Criminal Appeal No.10(2) of 2000 affirming the judgment and order dated 31.03.2000 passed by the learned Sub -Divisional Judicial Magistrate(S), Sibsagar in C.R. Case No. 57 of 1998 convicting the accused -petitioner under Sec. 16 read with Sec. 7 of the Prevention of Food Adulteration Act (for short, "the PFA Act") and sentencing him to simple imprisonment for 6(six) months and to pay fine of Rs. 1,000/ -, in default to simple imprisonment for another 1(one) month.

(2.) The factual background of the case, in a nutshell are that on 18.12.1997, Food Inspector Shri N.C. Goswami collected sample of Moong dal from the grocery shop of the accused -petitioner situated at Nazira. After observing all the formalities of the PFA Act and Rules, part of sample was sent to Public Analyst for examination. The Public Analyst, in his report dated 22.01.1998 opined that the sample of Moong dal (food grain) was artificially coloured with coal -tar colour tartrazine, which is not permitted to be used in Moong dal. On receiving the report, the Food Inspector submitted Offence Report against the accused -petitioner after obtaining sanction from the competent authority.

(3.) During the trial, prosecution examined the Food Inspector and the peon, who accompanied him to the shop of the accused -petitioner at the time of collection of sample. The accused -petitioner denied having committed any offence, but declined to adduce defence evidence.