JUDGEMENT
Rumi Kumari Phukan,J. -
(1.)This Revision is preferred against the judgment and order dated 05.08.2006 passed by the learned Chief Judicial Magistrate, Cachar, Silchar in CR No.2391/2001 convicting the petitioner under section 7/16 of the Prevention of Food Adulteration Act, 1954 and sentencing the petitioner to suffer imprisonment for 6 months and to pay a fine of Rs.1000/- in default to suffer imprisonment for one month more.
(2.)Heard Mr. SK Ghosh, learned counsel for the revision petitioners and Mr. D Das, learned counsel appearing on behalf of the State.
(3.)The prosecution case in brief is that on 24.05.2001 at about 1.30pm the Food Inspector Sri S Dutta complainant of this case accompanied by Sri HA Laskar, Executive Magistrate, Silchar and two officers of the Food and Civil Supplies visited the shop premises of M/S Raj Trading Co. At Lakhipur Road, Silchar. At that time accused Prasanta Paul was in the shop conducting the affairs of the business. He was the proprietor of the said trading company. They inspected various food articles kept in the shop premises for sale for human consumption. The complainant also introduced himself to the accused as Food Inspector. During the inspection he suspected some articles as substandard with relation to quality and found about two dozens of sterilised milk paneer packet in tins of "Gopal" Brand. Suspecting the quality of the aforesaid food item, the complainant after completion of all formalities as laid down in the Act and the Rules, purchased three sealed containers of paneer weighting 200 grams each on payment of Rs.75/-. Formal vouchers/cash memo were issued to the complainant. Thereafter the complainant again sealed, packed and levelled the three containers separately as per rules. All the formalities were completed in presence of the Inspector of Food and Civil supplies and the Executive Magistrate Sri HA Laskar. Thereafter one of the three sealed packed and levelled containers was sent to FSL as per the provisions of the PFA Act. The FSL after due analysis of the paneer found that the sample of sterilised milk paneer "Brand Gopal" does not conform to the standard and the said report of the public analysis was communicated to the public Health Authority who in their turn communicated to the complainant. The complainant thereafter obtaining written sanction from the Health Authority filed the complaint before the learned Chief Judicial Magistrate with an information to the accused that if the accused so desired he might apply to the learned Chief Judicial Magistrate to get the sample analysed again from the Central Food Laboratory. The accused though appeared in the court but did not apply for re- examination by the Central Food Laboratory.
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