K.N. Saikia, J. - (1.)This Government Criminal Appeal is from the Judgment and order dated 23.10.1975 passed by the Sessions Judge, Darrang, Tezpur in Criminal Appeal No. 87 (D-3) of 1975 acquitting the accused-respondent of the charge under Section 16/7 of the Prevention of Food Adulteration Act, hereinafter referred to as "the Act".
(2.)The accused respondent Nandalal Agarwalla had a Glocery shop at Rangapara. On 20.6.1972 the Food Inspector visited the shop and after serving notice purchased 600 gms. of Moth dal, divided the sample into three equal parts, and sent one thereof to the Public Analyst who reported the sample to be adulterated being coloured with non-permitted Coaltar dye "Metanil Yellow". Thereafter obtaining proper sac the respondent was prosecuted under Sec. 16/7 of the Act.
(3.)At the trial the prosecution and the defence examined two witnesses each. The trial Court held the accused respondent guilty under Sec. 16(1)(a)(i) of the Act and convicted him thereunder sentencing him to undergo Rigorous Imprisonment for one year and to pay a fine of Rs. 1000.00 (Rupees one thousand), in default Rigorous Imprisonment for another 6 (six) months more. On appeal therefrom the learned Sessions Judge, Darrang at Tezpur set aside the conviction and acquitted the accused respondent on benefit of doubt. Hence this Government Criminal Appeal.