SUMERMAL BAID Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY this revision petition, the petitioner has challenged the legality and validity of the judgment and order dated 10.7.1997 passed by the learned Sessions Judge, Kamrup, Gauhati in Crl. Appeal No. 7/96 dismissing the same and affirming the judgment and order dated 9.1.96 passed by the learned Chief Judicial Magistrate, Kamrup, Gauhati in Case No. 1246C/93 convicting the petitioner under Section 7(1) read with Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'Act') and sentencing him to suffer rigorous imprisonment for 6 months and to pay a fine of Rs. 2000 in default R.I. for 3 months.

(2.) THIS court by order dated 14.8.97 admitted the revision petition and under the same order while suspending the impugned judgment dated 9.1.1996 passed in Case No. 1246C/93 granted bail to the petitioner.

(3.) THE prosecution case in short is that on 21.9.1993 Shri Hiren Gogoi, Sr. Food Inspector, Kamrup, Gauhati inspected the whole sale grocery shop of M/s Navneet Enterprises Pvt. Ltd. Fancy Bazar, Gauhati of which at the relevant time, the accused petitioner was the Manager. The Food Inspector, after observing necessary formalities collected the sample of chana whole. The sample was sealed and packed and then sent to the Public Analyst to the Govt. of Assam, who later found the sample to be adulterated. Accordingly, the offence report was submitted against the petitioner and others for standing trial under Section 7(1) read with Section 16 of the Act. At the conclusion of the trial, the petitioner was convicted and the other accused persons were acquitted,