JUDGMENT :

Sudhanshu Dhulia, J.

Leave granted.

2. The present appeal arises out of a proceeding under the Prevention of Food Adulteration Act, 1954 (for short ‘the Act’) where the present appellant no.1, its partners appellant no.2 and Amit Kumar Sarkar, were charged under Section 16(1)(a)(i) read with Section 7 of the Act and were convicted by the Trial court. Appellant no.2 and Amit Kumar Sarkar were sentenced to undergo simple imprisonment for a period of six months along with a fine of Rs.1,000/- each, whereas appellant no.1 was directed to pay a fine of Rs.2,000/-.

3. The appeal of the appellants against the order of conviction and sentence by the Trial Court was dismissed by the District and Sessions Judge but the conviction of Amit Kumar Sarkar, the third accused in the case, was set aside and he was acquitted. In Revision proceedings, the High Court of Calcutta though upheld the concurrent findings of conviction but reduced the sentence of appellant no.2 from 6 months to 3 months simple imprisonment.

4. Brief facts leading to this appeal are that on 06.12.2000, a food inspector while inspecting the shop/godown of the appellants at 71, Biplabi Rash Behari Basu Road, Calcutta took