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2024 Supreme(Online)(SC) 3766

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:

    Signature Not Verified

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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