JUDGMENT :

1. Heard Mr. G.N. Sahewalla, learned Sr. Counsel assisted by Ms. K. Sarma, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Addl. P.P. for the State respondents.

2. This revision petition has been filed under Section 379 read with Section 401 of the Code of Criminal Procedure, 1973 assailing the judgment and order dated 03.07.2013 passed by the learned Addl. Sessions Judge, Nagaon in Criminal Appeal No.2(N)/2011, dismissing the appeal and upholding the judgment and order dated 22.12.2010 passed by the learned Chief Judicial Magistrate in C.R. Case No.3531/2008, convicting the petitioner under Section 7 read with Sections 16/17 of the Prevention of Food Adulteration Act, 1954 (herein referred to as the ‘Act, 1954’) and sentencing him to suffer R.I. for 6 months and to pay fine of Rs.1000/-

3. The facts of the case are as follows-

The respondent No.2, Inspector of Food & Civil Supplies, Nagaon filed an offence report dated 22.12.2008 before the Chief Judicial Magistrate, Nagaon stating, interalia, that on 20.11.2008, he carried out a combined raid at M/s Assam Oil and Atta Mill situated at S.S. Road, Haiborgaon, Nagaon in response to a direction from the Jo