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ANANYA BANDYOPADHYAY
Dinabandhu Barat – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ananya Bandyopadhyay, J.
1. The instant revisional application has been filed by the petitioner against an order passed by the Learned Additional Sessions Judge, 2nd Court, Bankura on 31st day of January, 1996 in Criminal Appeal No. 16 of 1994 upholding the order and judgment of conviction and sentence of rigorous imprisonment for 3 months and a fine of Rs.1,000/-, in default, rigorous imprisonment for 1 month for offence under Sections 7/16 of Prevention of Food Adulteration Act, 1954 passed by the Learned Judicial Magistrate, 2nd Court, Bishnupur in Case No. 102C of 1992 (C.R. Case No. 102/92) /(T.R. No. 11 of 1993).
2. The complainant, on inspection of the sweet meat shop situated at Patrasayar Bazar, Bishnupur, on 06.06.1992 at about 12 noon, purchased 1.5 kg of sweet meat ‘Kamala Bhog’ under proper receipt and segregated the same in three bottles as samples which were analyzed by the Public Analyst who opined the same to be adulterated.
3. The complaint of the Food Inspector was the basis of the CR case no.102 of 1992 by TR no. 11 of 1993.
4. The prosecution examined 4 witnesses and exhibited certain documents. The defence cited 3 defence witnesses.
5. The Second Court of
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 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 main legal point established is the application of legal provisions related to evidence, presumption, and the applicability of amended laws to the case.
Point of Law : Court do not find any perversity, illegality or error in the impugned judgments warranting any interference at hands of this Court. [Para 25]
The central legal point established is that for an offence of food adulteration under the Prevention of Food Adulteration Act, 1954, it must be proven that the quality or purity of the article falls ....
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....
In criminal revisions, while a conviction based on sound evidence and proper procedure is upheld, the court may reduce the sentence to the period already undergone, considering mitigating factors suc....
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