JUDGMENT :

1. This Revision is preferred against the judgment and order dated 05.08.2006 passed by the learned Chief Judicial Magistrate, Cachar, Silchar in CR No.2391/2001 convicting the petitioner under section 7/16 of the Prevention of Food Adulteration Act, 1954 and sentencing the petitioner to suffer imprisonment for 6 months and to pay a fine of Rs.1000/- in default to suffer imprisonment for one month more.

2. Heard Mr. SK Ghosh, learned counsel for the revision petitioners and Mr. D Das, learned counsel appearing on behalf of the State.

3. The prosecution case in brief is that on 24.05.2001 at about 1.30pm the Food Inspector Sri S Dutta complainant of this case accompanied by Sri HA Laskar, Executive Magistrate, Silchar and two officers of the Food & Civil Supplies visited the shop premises of M/S Raj Trading Co. At Lakhipur Road, Silchar. At that time accused Prasanta Paul was in the shop conducting the affairs of the business. He was the proprietor of the said trading company. They inspected various food articles kept in the shop premises for sale for human consumption. The complainant also introduced himself to the accused as Food Inspector. During the inspection he suspect