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ROBIN PHUKAN
Monoranjan Pathak S/o Late Sudhir Chandra Pathak – Appellant
Versus
State of Assam – Respondent
1. Heard Mr. R. Sharma, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. P.P. for the State/Respondents.
2. In this revision petition, under Section 401, read with Section 397 Cr.P.C. the petitioner, namely, Shri Monoranjan Pathak, has put to challenge the judgment and order, dated 29.03.2008, passed by the learned Addl. Sessions Judge (FTC) No. 4, Kamrup (M), Guwahati in Criminal Appeal No. 39/2006. It is to be noted here that vide impugned judgment and order, dated 29.03.2008, the learned Addl. Sessions Judge (FTC) No. 4, Kamrup (M), Guwahati, has affirmed the judgment and order, dated 31.05.2006, passed by the learned Chief Judicial Magistrate, Kamrup, Guwahati in Case No. 3508/1999. It is also to be noted here that vide judgment and order, dated 31.05.2006, the learned Chief Judicial Magistrate, Kamrup, Guwahati, has convicted the petitioner under Section 16(1) (a) (i) of the Prevention of Food Adulteration Act, 1954 and sentenced him to suffer rigorous imprisonment for 6 months and also to pay a fine of Rs. 1000/- (Rupees One Thousand), in default, to suffer rigorous imprisonment for a period of two months.
3. The background facts, leading to filing
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 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 absence of importer information on a carbonated drink label does not amount to misbranding under the Prevention of Food Adulteration Act, 1954, especially where a valid trade agreement between In....
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 court ruled that reports from non-specified laboratories under the PFA Act render prosecutions unsustainable.
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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