A.K. Goswami, J.

1. This revision petition is directed against the Judgment and Order dated 25-3-2004 passed by the learned Additional District and Sessions Judge (Ad-hoc), Nagaon in Criminal Appeal No. 53(N)/2002, affirming the Judgment and Order dated 3-10-2002 passed by the learned Sub-Divisional Judicial Magistrate, Hojai at Sankerdev Nagar in CR Case No. 287/2000, whereby the accused/petitioner was convicted under Section 16 read with Section 7 of the Prevention of Food Adulteration Act 1954, for short, the Act and sentencing him to suffer rigorous imprisonment for 6 (six) months and to pay a fine of Rs. 1000/- and, in default, to suffer rigorous imprisonment for a period of 2 (two) months. The prosecution case, in brief, is that on 1-6-2000, Shri D.D. Borah, the Food Inspector of Hojai at the relevant point of time along with his peon, one Sri Samsul Haque Borbhuyan, visited the shop premises of the petitioner and collected sample of beson which was stored for sale for human consumption, by observing all the formalities and, thereafter, the same was sent for analysis to the Public Analyst. The Public Analyst, on examination of the sample of beson, vide report dated 11-