RADHESHYAM SINGHAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY judgment and order, dated 16. 07. 2007, passed, in Complaint Case No. 1453c/98, by the learned Chief Judicial Magistrate, Kamrup, Guwahati, the accused-petitioners were convicted under Section 16 read with Section 7 of the Prevention of Food Adulteration Act (in short, 'the PFA Act') and each of them stood sentenced to undergo simple imprisonment for a period of six months and pay fine of Rs. 1,000/- and, in default of payment of fine, suffer simple imprisonment for a further period of one month.

(2.) AGGRIEVED by their conviction and the sentence passed against them, the two convicted persons preferred an appeal, which gave rise to Criminal Appeal No. 59/2007. By judgment and order, dated 13. 08. 2008, passed by the learned Additional Sessions Judge (FTC) No. 1, Kamrup, Guwahati, as the appeal has been dismissed, the petitioners have, now, impugned their conviction and the sentence passed against them in this revision. 2. I have heard Mr. O. P. Bhati, learned counsel for the accused-petitioners, and Mr. V. S. Singh, learned Addl. Public Prosecutor, Assam.

(3.) DURING trial, attendance of accused No. 3, namely, Shree Ram Oil Products Pvt. Ltd. , Nepal, could not be procured; hence, the case in respect of the said accused was split up by order, dated 12. 11. 98, and proceeded against the remaining two accused, namely, Radheshyam Singhal and Pawan Kumar Singhal.