KISHAN GOPAL GATTANI Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the judgment and order dated 14.9.2000 passed by the learned Sessions Judge, Jorhat, in Criminal Appeal No. 13 of 2000 upholding and affirming the judgment of conviction and sentence passed against the accused-petitioner under section 7/16 of the Prevention of Food Adulteration Act (for short, the Act) by the learned Chief Judicial Magistrate, Jorhat in CR Case No.300 of 1996.

(2.) The facts giving rise to this revision may be briefly stated as follows.

(3.) Shri A.C. Sharma, the Food Inspector, Jorhat accompanied by Senior Food Inspector visited the business establishment of petitioner No.2 on 15th Oct. 1996 and purchased sample of 750 grams of Atta. After having purchased the sample of Atta, he divided it into 3 (three) equal parts and put each pail in dry, clean and transparent polythene containers duly fastening the mouth of the containers tightly. After the plastic containers were sealed, one of the samples was forwarded to the Public/Analyst to the Govt of Assam and the other two were deposited in the custody of the Local Health Authority Jorhat. On receipt of the reports from the Public Analyst stating that the sample of Atta was found to be adulterated, the Food Inspector obtained written sanction and lodged a complaint against the present petitioner and others in the Court of Chief Judicial Magistrate, Jorhat, which was registered as CR Case No.300 of 1996. On conclusion of the trial, the learned Court of Chief Judicial Magistrate convicted the present appellant acquitting the other two partners of the firm. Being aggrieved by this order, the appellants preferred an appeal before the Court of the Sessions Judge, Jorhat. The learned Sessions Judge after hearing the parties and considering the materials on record came to the conclusion that the learned trial Court had correctly came to the finding of guilt against the appellant and had imposed punishment under the law and accordingly, dismissed the appeal. It is against this order that the appellants have come up in the present revision petition.