MADAN LAL SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellants Shri Madan Lal Sharma and Shri Kedar Nath Gupta were tried for an offence under S. 16 read with S. 7 of the Prevention of Food Adulteration Act, 1954 (for short "the Act"). The learned Chief Judicial Magistrate, Nagaon convicted both the appellants and sentenced them to undergo R. I. for 6 (six) months and to pay a fine of Rs. 2,000/- each and in default to undergo R. I. for one month more. The Learned Additional Sessions Judge, Nagaon vide judgment dated 2-4-93 confirmed the judgment and order of conviction and sentence in Criminal Appeal No. 1 (N-1) of 1992. Hence this revision has been preferred by the accused persons named above.

(2.) Dr. N. K. Choudhury, Food Inspector, Nagaon, inspected the premises of M/s. Shiva Hotel and Restaurant situated at Hojai Town and in presence of P. Ws. 2 and 3, Office Peons, purchased samples of cows milk kept in the restaurant for sale from Shri Madan Lal Sharma, the Manager of the restaurant. The sample of milk purchased was divided into three parts as per provisions of the Act and the Prevention of Food Adulteration Rules, 1955 (for short "the Rules"). One part of the samples was sent to the Public Analyst and the remaining part were sent to the Local Health Authority in accordance with statutory requirements. The Public Analyst reported the said sample of cows milk as adulterated. Accordingly, prosecution was launched against the vendor Shri Madan Lal Sharma and the owner Shri Kedar Nath Gupta. The trial Court recorded the evidences of as many as 4 (four) witnesses on behalf of the prosecution and 2 (two) witnesses on behalf of the accused persons and, on conclusion of the trial, convicted and sentenced the accused appellants as stated above.

(3.) During the course of argument, the Learned Counsel Shri C. R. De along with Shri U. Bhuyan assailed the judgment of the courts below on the following grounds :-