JOSE Vs. FOOD INSPECTOR

JUDGEMENT

(1.) THE revision petitioner was the accused in C. C. No 506 of 1977 on the file of the Judicial I Class Magistrate of Wadakkancherry. He was charge-sheeted by the Food Inspector, Wadakkancherry, for an offence under s. 16 read with S. 7 of the Prevention of Food Adulteration Act, 1954. THE accusation against the petitioner was that he had with him buffalo milk for sale which on analysis was found to contain 28% water and hence was below standard.

(2.) THE petitioner's case was that he purchased the milk from a hotel and he was taking it to home since he bad a few guests. THE trial court after evidence found him guilty and sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs. 1000/ -. On appeal, this conviction and sentence were confirmed. Hence this revision.

(3.) SINCE in this case there is non-compliance with this mandatory provision, the conviction and sentence entered against the petitioner are unsustainable. The case against the petitioner for this reason is not proved beyond reasonable doubt. I quash the conviction and sentence passed against the petitioner and allow this criminal revision petition. . .