Rongon Mukhopadhyay, J. - (1.) Heard Mr. P. D. Agrawal, learned counsel appearing for the petitioner and Mr. Sudhansu Kumar Deo, learned A.P.P. for the State.
(2.) This application is directed against the judgment dated 02.05.2001 passed by the learned 2nd Additional Sessions Judge, Koderma in Criminal Appeal No. 44 of 1991 whereby and whereunder the judgment and order of conviction and sentence passed in Case No. G347 of 1988 convicting the petitioner for the offence punishable under Section 16(i)(a) (ii) of the Prevention of Food Adulteration Act, 1955 and sentencing him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 3,000/- has been affirmed.
(3.) It is alleged that on 09.12.1987 the complainant had purchased 600 grammes of Arhar Dal in three packets and each packet was containing 200 grammes of Dal. The sample was sent to the Public Analyst who vide his report dated 22.12.1987 opined that Arhar Dal was adulterated. A copy of the Public Analyst was sent to the petitioner for his information and after taking consent of the Civil Surgeon a complaint was filed on 11.05.1988. After receipt of the complaint cognizance was taken and after charge trial proceeded.;