Sailendra Prasad Talukdar, J. - (1.) The instant case arises out of an application under Section 401 and/or 482 of the Code of Criminal Procedure.
(2.) It is directed against the Judgement and Order dated 14th February, 2001 passed by Learned Additional District & Sessions Judge, 2nd Court, Bankura in Criminal Appeal No. 2 of 1999 upholding the order of conviction of the Appellant. The prosecution case before the Learned Trial Court, in short, is as follows:- On 21st of July, 1993 at about 12 noon the Opposite Party No. 1 as Sub-Divisional Food Inspector, Bishnupur visited the sweetmeat shop of the petitioner/accused at Banmura, Natun Bazar, Bishnupur alongwith Gopal Chandra Chanda He purchased 600 Grams of "Raskadam" exposed for sale after due observance of all legal formalities from the accused/petitioner and sent one part of the sample of 'Raskadam' to the Public Analyst for analysis. Public Analyst after necessary analysis opined that "the sample is adulterated as it contains a non-permitted coaltar dye metanil yellow which is injurious to health." On receiving the said report, the Food Inspector placed all the relevant papers before the A.C.M.H.O., who gave written consent to institute prosecution and after obtaining consent, compliant was filed before the Learned Sub Divisional Judicial Magistrate, Bishnupur.
(3.) Learned S.D.J.M., Bishnupur was pleased to take cognizance and issued process against the accused/petitioner.;