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2023 Supreme(Cal) 66

RAI CHATTOPADHYAY
Gujrati Hindu Hotel – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Sankar Banerjee, Advocate, Goutam Dinda, Advocate, Anindya Sundar Chateerjee, Advocate, Sreyashee Biswas, Advocate

JUDGMENT

Rai Chattopadhya, J. - The points for determination in this revision are whether alleged offence under Section 16 (1. (a. (i. read with Section 7 of the Prevention of Food Adulteration Act, 1954, against the accused persons/revisionists are proved beyond all reasonable doubts, whether the petitioners were actually the bona fide end user of the contaminated product, whether the Trial Court and the First Appellate Court are right and proper to pronounce them as convicts by their respective judgments, whether there has been latches in the procedure undertaken by the authorities under the provisions of the said Act and lastly, whether the sentence earlier granted by the court may be modified in a manner as prayed for by the petitioners.

2. The case starts under Sections 16 (1. (a. (i. and Section 7 of the Prevention of Food Adulteration Act, 1954, it would be beneficial to quote both the afore stated provisions which are as below:-

    '16. Penalties- (1. Subject to the provisions of sub-section (1A. if any person-

    (a. whether by himself or by any other person on his behalf, imports into India or manufactures for sales or stores, sells or distributes any article of food-

    (i. which is a

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