BAIDYA NATH SAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner Baidya Nath Sah, a dealer in food -stuff at Panigaon within Nowgong Municipality was convicted by the Chief Judicial Magistrate, Nowgong under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and sentenced to R. I. for 6 months and also to pay a fine of Rs. 1000/ - in default to R. I. for 2 months. In appeal the Sessions Judge, Nowgong having affirmed the conviction and sentence of the petitioner, he has come up with the present revision petition.

(2.) THE prosecution case, in brief, was that on 5 -6 -1971 Dr. M.D. Sadullah (P. W. 1) who is the Urban Health Officer of Nowgong Municipality took 375 ml. mustard oil as sample from the shop of the petitioner by observing the necessary formalities. A part of the sample was sent to the Public Analyst, Assam, for examination. The Public Analyst submitted a report after examination of the sample that it was adulterated as the sample was found to vary from the prescribed standard in regard to three ingredients, namely, B.R.R., saponification value and iodine value. Besides, trace of linseed oil was also found in the sample. On receipt of the report the Health Officer (P. W. 1), after obtaining sanction from the Chairman, Nowgong Municipality, filed a complaint before the Magistrate against the petitioner under the aforementioned section.

(3.) THE trial Court as well as the appellate Court repelled all the contentions of the petitioner and found him to be guilty of the offence he was charged with.