BABULAL AGARWAL Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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Mir Alfaz Ali, J. -
(1.) The revision petitioner was convicted under Section 16 read with Section 7 of the Prevention of Food Adulteration (PFA) Act, by the learned Chief Judicial Magistrate, Kamrup, in Case No.1785c/1994. The appeal filed by the petitioner was dismissed by the impugned judgment dated 29.12.2008 in Criminal Appeal No.25/2007.
(2.) The Food Inspector (PW-1) visited the shop under the name & style of Puspa Trading Corporation and collected sample of Moth dal, suspecting the same to be adulterous after complying the provisions of PFA Act and Rules. The sample was sent to public analyst for examination and the public analyst submitted a report proved as Exhibit-16, stating that the sample of Moth dal was artificially coloured with coal-tar colour tartrazine, which were not permitted to be used in Moth dal (food grain). The proprietor of M/S Puspa Trading Corporation informed the Food Inspector that the Moth dal, sample of which was collected, was purchased from M/s Glow White Industries, Jaipur and also produced a cash memo with warranty. Accordingly, the prosecution was launched against the proprietor of the business firm Puspa Trading Corporation as well as against the present petitioner, purportedly as sole proprietor of the Firm M/s Glow White Industries, Jaipur. The present petitioner raised a plea before the learned trial Court, that M/s Glow White Industries was not a proprieterial firm, and it was a partnership firm, of which, he was a sleeping partner. The petitioner further stated that he was not associated with the day to day activities of the partnership firm. However, the plea of the petitioner was rejected both by the learned trial Court as well as the appellate Court and convicted the petitioner holding him as the sole proprietor of the Firm M/s Glow White Industries.
(3.) Mr. OP Bhati, learned counsel for the petitioner and Ms. S Jahan, learned Addl. PP, Assam, were heard.;
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