M RAJA MOHAMMED Vs. FOOD INSPECTOR PALGHAT MUNICIPALITY

JUDGEMENT

(1.) Special leave granted.

(2.) This appeal arises from thejudgment of the learned single Judge of the High Court of Kerala dated 6th June, 1988 whereby the learned single Judge declined to quash the prosecution of the petitioner therein under S. 482 of the Code of Criminal Procedure. The petitioner therein has been prosecuted for Selling adulterated "Ashoka special supari" on the basis of a certificate issued by the Director of Central Food Laboratory showing that the article of food purchased from the accused contained 2000 mgs./kg. saccharin and that the sample does not conform to the Prevention of Food Adulteration Rules, 1955, (hereinafter referred to as the Rules). The High Court took the view that the report prima facie goes to show that accused has sold adulterated article of food and consequently declined to quash the prosecution under S. 482 of the Code. (1988 (2)Ker LT 5).

(3.) This appeal is directed against the order of the Kerala High Court dated 22nd January, 1991 accepting the appeal against the order of acquittal passed by the Chief Judicial Magistrate, Palakkad, in S.T. No. 36 of 1988. The appeal was filed against the acquittal of accused Nos. 2 and 3 therein and out of whom N. Raja Mohammed, the Joint Managing Director of M/s. N. V. K. Mohammed Sultan Rawther (P) Ltd., is the appellant before us. The High Court confirmed the acquittal of second accused but sentenced the appellant before us under S. 16(1)(a)(i) of the Prevention of Food Adulteration Act to undergo simple imprisonment for six months and to pay a fine of Rs. 1,000/ -with a default sentence of simple imprisonment for two more months.