GUMANIRAM SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 31-8-85 passed by the learned Sessions Judge, Jorhat, dismissing the Criminal Appeal No. 4(4) of 1983, affirming the judgment dated 24-9-83 passed by the learned Additional Chief Judicial Magistrate, Golaghat in C. R. Case No. 1375/82.

(2.) The case of the present petitioner is that the Food Inspector of Golaghat submitted an offence report dated 30-4-82 under S. 7 read with S. 16 of the Prevention of Food Adulteration Act, 1954, against the petitioner in the Court of the Additional Chief Judicial Magistrate, Golaghat, alleging that he sold and stored for sale of adulterated cumin whole. Samples were taken by the Food Inspector from the petitioner's shop and sent to Public Analyst, Government of Assam, Guwahati, for analysis. The Public Analyst gave his report. As per the said report, the sample of cumin whole (safed jeera) was adulterated.

(3.) On the basis of the report of the Public Analyst, the Area Food Inspector, Golaghat submitted an offence report dated 30-4-82 before the Chief Judicial Magistrate after obtaining sanction. The Chief Judicial Magistrate took cognizance of the offence and registered a case. The petitioner-accused after appearance made a request to the Court for sending another sample to the Central Food Laboratory, Calcutta, for examination. As per the order of the Chief Judicial Magistrate, another sample was sent to the Central Food Laboratory, however, it was not within the time. The Central Food Laboratory also after examination of the sample found to be adulterated, inasmuch as the extraneous matter, which included inorganic extraneous matter and seeds other than cumin seeds were found 16.7%. As per the report, the sample of cumin seeds was adulterated u/S. 2(ia)(m) of the Prevention of Food Adulteration Act.