IBRAHIM Vs. FOOD INSPECTOR

JUDGEMENT

(1.) The petitioner was the 1st accused in C.C. No 202 of 1986 on the file of the Additional Judicial 1st Class Magistrate Court, Tellicherry. He had been found guilty under S.16(1)(a)(i) read with S.7(1) and 2(ia)(a) and (m) of the Prevention of Food Adulteration Act and R.5 Appendix B.A. 05.05.01 of the P.F.A. Rules, convicted and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 1000/-. The Sessions Judge, Tellicherry, in Crl. Appeal No. 13 of 1988 confirmed the conviction and sentence which is under challenge in this revision. The allegation was that he sold adulterated chilly powder, to the Food Inspector of Kuthuparamba circle, on 15-3-1983 at 3.30 p.m.

(2.) Another accused was prosecuted along with the petitioner who reportedly, was the manufacturer of the adulterated chilly powder. The Magistrate found him guilty under S.15(1)(a)(i)and also under S.16(1C) read with 14 of the P.F.A. Act, convicted and sentenced him. In Crl. Appeal No. 19 of 1988, the Sessions Judge, Tellicherry acquitted him.

(3.) The counsel for the petitioner submitted that the courts below erred to deny the petitioner the benefit of S.19(2) of the Act. His case was not properly considered in the light of the evidence. The law on the question was mis-interpreted and mis-applied. The conviction and sentence it was urged, are illegal.