LAKHAN CHANDRA DAS AND ANOTHER Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioners, both of them were convicted by the Judicial Magistrate, 1st Class Karimganj, under Sec. 16 read with Sec. 7 of the Prevention of Food Adulteration Act, 1954, and sentenced to undergo R.l. for six months each. The first petitioner, Lakhan Chandra Das, was further sentenced to pay a fine of Rs. 1000.00, in default to undergo R.l. for two months; the second petitioner, Anil Kumar Das, was further sentenced to pay a fine of Rs. 2000.00, in default to undergo R.l for three months. The said convictions and sentences were confirmed in appeal.

(2.) The prosecution case, briefly, is that Food Inspector Jogendra Lal Roy (PW 1) visited the shop which was being run under the name and style of Bharat Industries on 12-6-71. He suspected chilly powder to be adulterated and served a notice (Ext. 1) to the seller. The first petitioner, thereafter, sold 375 grams of chilly powder to P.W. 1, who paid the price of Rs. 1.80 paise for the same. The same was divided into three (apparently) equal parts - each part was kept in a cleaned tin which was packed and sealed One sample was sent to the Public Analyst, who examined it chemically and submitted his report (Ext. 3). The Public Analyst was of opinion that the sample found to be adulterated. After obtaining the sanction from the Chairman of the Municipal Board, Karimganj, the present prosecution was laid.

(3.) The seizure list is seen to have been attested by two persons, namely, one Bijoy Dhar, Vaccinator (PW2) and another Motilal Das, whose occupation or address has not been given therein; there is also no reference, in the evidence, to any detail concerning Motilal Das, who was not examined. The arguments before me proceeded on the footing that the said Motilal Das also was an official witness and that no effort had been made by PW 1 to call any person of the locality. Only at the fag end of the argument it was seen that there is no factual basis for the above view.