DHANANJOY PAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS revision has arisen out of the judgment and order, dated 14. 03. 1997, passed, in Criminal Appeal No. 43 of 1996, by the learned Sessions Judge, Kamrup, Guwahati, dismissing the appeal and upholding the judgment and orders, dated 09. 08. 1996 and 16. 08. 1996, passed, in CR Case No. 293/93, by the learned Special Judicial Magistrate, 1st Class, Guwahati, convicting the accused-petitioner under Section 16 read with Section 7 of the Prevention of Food Adulteration Act (hereinafter referred to as the "pfa Act") and sentencing him to suffer imprisonment for six months and pay a fine of Rs. 1,000/- and, in default of payment of fine, to suffer simple imprisonment for a period of one month.

(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows:

(3.) DURING trial, the accused-petitioner pleaded not guilty to the charge framed against him under Section 16 read with Section 7 of the PFA Act. In support of their case, the prosecution examined two witnesses. The accused was, then, examined under Section 313, Cr. P. C. in his statement, so recorded, the accused-petitioner did not deny that the sample of 'dhania Powder' was taken from him, but he asserted that he had not sold any adulterated 'dhania Powder'. What he, however, alleged was that he had not received any report that the said 'dhania Powder' was adulterated. No evidence was adduced by the defence.