SANISH V. Vs. FOOD INSPECTOR, KUNNAMANGALAM CIRCLE, KUNNAMANGALAM,

JUDGEMENT

(1.) The petitioners are the accused 1 to 3 respectively in S.T.No.1132/2007 on the file of the Judicial First Class Magistrate Court, Kunnamangalam and the appellant in Crl.Appeal No.614/2009 on the filed of the Additional Sessions Judge, Fast Track (Adhoc-II), Kozhikode.

(2.) By judgment dated 19.09.2009, the learned Magistrate convicted and sentenced accused 1 to 3 to undergo simple imprisonment for a period of one year each and also to pay a fine of Rs.1000/- each, in default of payment of fine to undergo simple imprisonment for one month more for the offence punishable under Sections 16(1)(a)(i) read with Section 7(i) , 2(1)(a)(m) of the Prevention of Food Adulteration Act. Challenging the conviction and sentence, accused 1 to 3 preferred Criminal Appeal No.614/2009 before the Session Court, Kozhikode. The learned Session Judge made over the case to the Additional Sessions Court for hearing. The learned Additional Sessions Judge dismissed the appeal by judgment dated 07.07.2011 confirming the conviction and sentence imposed by the learned Magistrate. Being aggrieved, the accused 1 to 3 preferred this revision.

(3.) The prosecution cases in brief, is that on 29.03.2007, the Food Inspector, Kunnamangalam Circle inspected a milk- sales van bearing No.KL-07-8471 on 29.03.2007 and purchased three packets of pasteurized tonned milk containing 500ml each from the stock of 15 packets kept inside the plastic tray on payment of Rs.22.50/- After complying with all legal formalities for sampling, one sample was sent to the public analyst for report. The public analyst submitted his report stating that upon analysis of the sample of milk, the sample does not conform the prescribed standard for tonned milk. The said sample was therefore adulterated within the meaning of the Prevention of Food Adulteration Act and the Rules framed thereunder.