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2023 Supreme(Cal) 336

RAI CHATTOPADHYAY
Chandra Sekhar Khan – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Uday Sankar Chattopadhyay.
For the Respondents: Goutam Dinda, Anindya Sundar Chatterjee, Sreyashee Biswas.

JUDGMENT :

RAI CHATTOPADHYAY, J.

1. In this revision, the judgment and order of the first appellate Court, that is, of the Additional District and Sessions Judge, Fast Track 1st Court at City Sessions Court, Bichar Bhawan, at Calcutta, dated 29.11. 2012, has been assailed.

2. At the genesis, is the judgment of conviction and sentence dated 12. 03. 2012, passed by the Municipal Magistrate, 3rd Court, Calcutta in case No. 9D/2008. The Court was holding trial against the present petitioners/accused persons, for an offence under section 16 (1) (a) (i) and section 7 of the Prevention of Food Adulteration Act, 1954. It examined witnesses and exhibited documents. Finally, the Court has found the petitioners/accused persons guilty of the offence as above, convicted them and has imposed to each of them, a sentence to suffer simple imprisonment for a period of six months and to pay a fine of Rs.1000/-each, in default of which, each one of them would be liable to suffer simple imprisonment for a further period of 10 days.

3. The said judgment and order of sentence of the Magistrate was challenged by the present petitioners, before the first appellate Court, in the appeal as aforestated. The Court

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