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2022 Supreme(SC) 1679

S. ABDUL NAZEER, V. RAMASUBRAMANIAN
Bhattacharjee Mahasya – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
Mr. Soumya Dutta, Advocate, Mr. Rohit Bansal, Advocate, Mr. Harsh Bansal, Advocate, For the Appellant / Mr. Kunal Chatterji, Advocate, Ms. Maitrayee Banerjee, Advocate, Ms. Astha Sharma, Advocate, for M/S. Plr Chambers And Co., Advocate, For the Respondent.

ORDER

1. Leave granted.

2. Appellant No.1 is a partnership firm engaged in the business of selling Sweetmeat. Appellant No.2 is a partner of appellant No.1-Firm.

3. The appellants were convicted by the Municipal Magistrate, 2nd Court, Calcutta for an offence punishable under Section 16(1)(a)(i) read with Section 17 of the Prevention of Food Adulteration Act, 1954 (for short, 'the Act') and sentenced to simple imprisonment for two years together with a fine of Rs.3,000/-.

4. The appeal filed by the appellants was dismissed by the Additional District and Sessions Judge. The appellants filed a criminal revision. By the order impugned in the above appeal, the criminal revision was partly allowed, confirming conviction of the appellants, but modifying the sentence of imprisonment imposed upon appellant No.2 to a sentence of simple imprisonment for three months together with a fine of Rs.5,000/. It is against the said order, the appellants are before us.

5. The sum and substance of the complaint against the appellants was that the Paneer stored in their shop for sale and human consumption was found to be adulterated. The Food Inspector had actually purchased 750 grams of Paneer from the sho

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