(1.) These revisions are directed against the orders passed by the Judicial Magistrate of First Class, Punalur, on S.T. Case Nos. 38/1987 and 48/1987, dismissing the applications filed under S.321 Cr.P.C. by the Assistant Public Prosecutor in charge of those cases. The Magistrate held:
(2.) Petitioners were accused 2 to 4 in the above cases which were laid by the Food Inspector of Punalur Municipality for offences under S.2(ia)(a)(m), 7(1), S.16(1) read with R.5 of Appendix-A of the Prevention of Food Adulteration Act and the rules. Reportedly, Honey Vinegar was manufactured at the Malankara Food Products which is the 4th accused, who sold it to the 1st accused from whom the Food Inspector purchased a sample for analysis and it was found adulterated. Accused 2 and 3 were respectively the Managing Director and the Production Manager of the above undertaking. Malankara Food Products belongs to Vimala Mahila Samajam which is a charitable society.
(3.) The defence that accused 2 to 4 projected before the court below was that they did not sell Vinegar but a soft drink by name Honey gar which is a by-product of honey. They denied having committed any offence.