ASHOK KUMAR GHOSH S/O LATE KALIPADO RESIDENT OF BAGDEGI COLLIERY P.S. JORAPOKHAR AND DISTRICT DHANBAD Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Yogesh Modi, learned counsel appearing for the petitioners and Mr. Pankaj Kumar, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 17.09.1999 passed by the learned 3rd Additional Sessions Judge, Dhanbad in Criminal Appeal No. 53 of 1991 whereby and where under the judgment dated 16.05.1991 passed by the learned Sub Divisional Judicial Magistrate, Dhanbad in P.F.A. Case No. 16 of 1990 convicting the petitioners for the offence punishable under Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act for sake of brevity) and sentencing them to undergo rigorous imprisonment for nine months and to pay a fine of Rs. 1500.00 each has been affirmed.

(3.) The prosecution report was submitted in which it was alleged that the complainant along with two other persons had gone to Lodna Co-operative Society Limited, Bagdegi Colliery and found twenty two kilograms Suji kept in a gunny bag. The complainant purchased 600 grammes of Suji from the petitioner no. 2 and issued Form VI to the petitioner no. 2. The sample was divided into three parts and one part was sent to the Public Analyst and after receipt of the report of the Public Analyst sanction was obtained and prosecution was subsequently lodged on 14.06.1990.