J.N. Hore J. - (1.) The petitioner Debprosad Chiney @ Debiprasad Chiney is one of the partners of a partnership firm under the name and style of 'Messrs. Gayaram Chiney Debprosad Chiney'. The said firm has seven partners.
(2.) Samar Kumar Basu (PW1), Sub-Divisional Food Inspector of Hooghly Sadar, had been to the grocery of one Dulal Pal at Manasatala within Bans-feria Municipality on 6.9.80 and took sample of refined rapeseed oil for the purpose of getting the same analysed by the Public Analyst. The said sample did not conform to the specification of refined rapeseed oil and as such was held to be adulterated by the Public Analyst. The District Health Officer, 1 Hooghly then gave sanction for prosecution against the vendor Arun Kumar Pal, the seller Dulal Chandra Pal and Messrs. Gayaram Chiney Debprosad Chiney, Warrantor. Subsequently, a petition of complaint was filed in the court of the learned Sub-Divisional Judicial Magistrate at Hooghly Sadar alleging commission of offence under section 16(l)(a)(ii) of the Prevention of Food Adulteration Act against the said persons. A charge under section 16(1)(a) (i) read with section 7 of the Prevention of the Food Adulteration Act was framed against the accused persons.
(3.) On completion of the trial, the learned Judicial Magistrate, Hooghly by his judgment and order dated 6.4.82 found the petitioner guilty of the charge, convicted him thereunder and sentenced him to suffer rigorous imprisonment for two years and a fine of Rs. 2000/-, in default, to suffer rigorous imprisonment for three months more in C. R Case No. 912 of 1980/T. R. No. 434 of 1981. The petitioner preferred an appeal against the said order of conviction and sentence being Cr. Appeal No. 109 of 1982 which ms dismissed by the learned Additional Sessions Judge, 1st Court, Hooghly on 11.1.83 affirming the order of conviction and sentence passed by the learned Judicial Magistrate. Being aggrieved, the petitioner moved this court in revision and obtained the present Rule.;