BENNY THOMAS Vs. FOOD INSPECTOR

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Kerala High Court dismissing the Criminal Revision Petition which was filed questioning correctness of the conviction for offence punishable under Section 16(1)(a)(i) read with Section 7(1) and Section 2(ia)(m) of the Prevention of Food Adulteration Act, 1954 (in short the 'Act') and also under Rule 5 read with Appendix B, Item A.07.08 and Rule 50 of the Prevention of Food Adulteration Rules, 1955 (in short the 'Rules'). The appellant was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs. 2,000/- with default stipulation as recorded by learned Judicial Magistrate, 1st Class, Kochi. The learned IV Addl. Sessions Judge, Ernakulam in appeal modified the sentence and reduced it to simple imprisonment for six months and a fine of Rs.1,000/- with default stipulation.

(3.) Background facts in a nutshell are as follows: