SUPREME COURT OF INDIA
M/S. A.K. SARKAR CO. – Appellant
Versus
THE STATE OF WEST BENGAL THE HOME SECRETARY – Respondent
SUDHANSHU DHULIA, J.
Leave granted.
2.
The present appeal arises out of a proceeding under the
Prevention of Food Adulteration Act, 1954 (for short ‘the Act’)
where the present appellant no.1, its partners appellant no.2
and Amit Kumar Sarkar, were charged under Section
16(1)(a)(i) read with Section 7 of the Act and were convicted
by the Trial court. Appellant no.2 and Amit Kumar Sarkar
were sentenced to undergo simple imprisonment for a period
of six months along with a fine of Rs.1,000/- each, whereas
appellant no.1 was directed to pay a fine of Rs.2,000/-.
Digitally signed by
Deepak Singh
Date: 2024.03.07
17:45:42 IST
Reason:
2
3.
The appeal of the appellants against the order of conviction
and sentence by the Trial Court was dismissed by the
District and Sessions Judge but the conviction of Amit
Kumar Sarkar, the third accused in the case, was set aside
and he was acquitted. In Revision proceedings, the High
Court of Calcutta though upheld the concurrent findings of
conviction but reduced the sentence of appellant no.2 from
6 months to 3 months simple imprisonment.
4.
Brief facts leading to this appeal are that on 06.12.2000, a
food inspector while inspect
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