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ANANDA KUMAR MUKHERJEE
Bhattacharjee Mahasaya – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
ananda Kumar Mukherjee, J. - This application for revision under section 397 and 401 of the Code of Criminal Procedure, 1973 read with section 482 of Cr. P.C has been filed by the two convict petitioners, being aggrieved and dissatisfied with the judgment and order dated 17.09.2010 passed by Learned additional District and Sessions Judge, 9th Fast Track Court, Bichar Bhawan, Calcutta in Criminal appeal No. 24 of 2010, thereby affirming the judgment and order dated 26.02.2010 passed by Learned Municipal Magistrate, 2nd Court, Calcutta in Case No. 3-D of 2009, where the petitioners were convicted for the offence punishable under section 16(1)(a)(i) read with section 17 of the Prevention of Food adulteration act, 1954 and sentenced petitioner no. 2 to suffer simple imprisonment for two years and to pay a fine of Rs.3.000/- in default to suffer simple imprisonment for six months and further imposed a fine of Rs. 3.000/- against the accused petitioner no. 1, the firm.
2. Brief fact of the case leading to this revisional application is that, petitioner no. 1, M/s. Bhattacharjee Mahasaya is a partnership firm, running a business of sweetmeat at 125/110, Diamond Harbour Road, Calcut
The central legal point established in the judgment is the importance of adhering to the prescribed standards and procedural requirements under the Prevention of Food Adulteration Act, 1954, and the ....
The court found that no individual liability could be established against partners of a firm without evidence showing their control over business operations, and proceedings initiated under a repeale....
The court emphasized the compliance with the provisions of the Prevention of Food Adulteration Act, 1954, and the Rules, and discussed the applicability of the FSS Act, highlighting the imposition of....
The judgment emphasized the importance of placing all relevant materials before the sanctioning authority, the liability of individuals in a proprietorship concern, and the sufficiency of evidence in....
The judgment emphasizes the applicability of the Prevention of Food Adulteration Act, the compliance with sampling procedures, and the extension of the benefit of Section 16(A) to the accused.
The main legal point established is the application of legal provisions related to evidence, presumption, and the applicability of amended laws to the case.
The main legal point established in the judgment is that statutory provisions must be strictly interpreted, and non-compliance with procedural requirements may not necessarily invalidate the prosecut....
Conviction upheld for selling adulterated food, emphasizing mandatory health standards and procedural compliance in food safety regulations.
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