UMA SANKAR TEWARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Petitioner Uma Sankar Tewari was charged with offence punishable under Sec. 16 r/w 7 of the Prevention of Food Adulteration Act for storing and selling of mustard oil which did not conform to the standards and turmeric powder which was adulterated. The learned Judicial Magistrate, 1st Class, Barpeta, in Case No. 6l5c/78, found the charge proved and convicted the Petitioner under Sec. 16 r/w 7 of the Act and sentenced him to R.I. for 6(six) months and to pay a fine of Rs. 2000.00 (Rupees two thousand), in default to undergo R.I. for another 2(two) months.

(2.) Being aggrieved by the conviction and sentence, the Petitioner filed C.A. No. 12(K-3)/79 in the Court of the learned Additional Sessions Judge, Kamrup, Gauhati. The learned Additional Sessions Judge has held that the Petitioner could not be held guilty and convicted to respect of selling of the turmeric powder. But he has held that the Petitioner would be guilty for selling of the mustard oil which did not conform to the standards. Therefore, the learned Additional Session Judge has confirmed the conviction and sentence of imprisonment of the Petitioner under Sec. 16 r/w Sec. 7 of the Act. He, however, reduced the fine to Rs. 1000.00; hence this petition.

(3.) On perusal of the examination of the accused under Sec. 313, Code of Criminal Procedure, I find that there was insufficient examination. Sec. 313(1), Code of Criminal Procedure runs as follows: