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ANANYA BANDYOPADHYAY
Tapan Kumar Chakraborty – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ananya Bandyopadhyay, J.
1. The instant criminal revisional application is preferred against the judgment and order of conviction and sentence dated February 28, 1995 passed by the Learned Sessions Judge, Bankura in Criminal Appeal No. 24 of 1994 affirming those dated July 28, 1994 of Learned Sub-Divisional Judicial Magistrate, Bishnupur, 1st class, District – Bankura in Case No. 194C of 1992 convicting the accused petitioner under Sections 7/16 of the Prevention of Food Adulteration Act and sentencing him to suffer rigorous imprisonment for 6 months and to pay a fine of Rs. 1,000/-in default to suffer further rigorous imprisonment for one month.
2. The prosecution case precisely stated that the Sub-Divisional Food Inspector Sri Iswar Chandra Jana and his Assistant Sri Ajit Chandra De had been to the grocery shop of the petitioner and his brother, who were the partners in business on 07.11.1992 at about 11:30 a.m. at village – Nafardanga, P.S. – Sonamukhi, District – Bankura and found 30 (thirty) kilograms of Coriander (Dhania) exposed for sale in a gunny bag which was allegedly insect infested, 450 gms., Dhania was purchased therefrom and after observing the formalities
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 ....
Clear evidence of health risks is essential for conviction under food adulteration laws, and procedural compliance is critical for upholding such convictions.
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 main legal point established is the application of legal provisions related to evidence, presumption, and the applicability of amended laws to the case.
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 defence of bona fide purchasers under Section 19 (2) of the Prevention of Food Adulteration Act, 1954, is available only if the accused proves that they purchased the adulterated food from a duly....
The right to a speedy trial is fundamental, and undue delays can justify leniency in sentencing, even when evidence supports conviction.
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