DALMIA DAIRY INDUSTRIES LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal revision by M/s. Dalmia Dairy Industries Ltd. is directed against the judgment and order dated 25.11.91 passed by the learned Addl. Sessions Judge, Nagaon in C.A. No. 43 of 1986, whereby the learned Judge uphold the judgment and order of conviction and sentence passed by the learned Addl. Chief Judicial Magistrate, Nagaon in C.R. Case No 5272/82, wherein the petitioner company was convicted under Section 16 (i)(a) (i) of the Prevention of Food Adulteration Act, for short the Act, and was sentenced to pay a fine of Rs 10,000/-.

(2.) On 1.4.82 Shri Haren Gogoi, Food Inspector, Nagaon collected the sample of infant milk food, 'Swapan Brand' from the shop premises of M/s Bhowal Store at Daccapatty, Nagaon. The Vendor claimed that the said Infant Milk Food which was packed in tin containers were purchased by him from M/s Jaharmal Jaskaran of Marwaripatty of Nagaon and also produced a cash memo to that effect. The sample was sent to the public Analyst of Assam and he opined that the food item does not conform to the standard. Thereafter the Vendor and the Dealer were prosecuted in the above case. At the instance of the Dealer part of the sample was sent to the Central Food Laboratory , Calcutta and the Central Food Laboratory submitted an analysis report with the opinion that "the sample of Infant Milk Food (Spray Dried) 'Sapan Brand' is misbranded under Section 2(ix) (k) read with Rule 32(F) and 39" The court also impleaded the present petitioner M/s. Dalmia Industries Lt. as the manufacturer of the article of food in question. On conclusion of trial accused Ashotosh Bhowal, M/s. Jaharmal Jaskaran and its active partner Gajraj Baid were acquitted by the trial court holding that they are protected under Section 19(11)(a)(i) of the Prevention of Food Adulteration Act. The trial court held that the infant Milk Food is misbranded as it contains a declaration, "medically approved formula for balanced growth of infants", which is a clear violation of Rule 39 of the P.F.A.Rules.The petitioner was therefore convicted and sentenced as aforesaid.

(3.) I have heard Mr.J.M. Choudhury, learned senior counsel for the petitioner and Mr. D.R. Saikia, learned Public Prosecutor.