M SAINUDEEN Vs. FOOD INSPECTOR THIRUVANANTHAPURAM CIRCLE

JUDGEMENT

(1.) These revisions are directed against the order of conviction and sentence passed by the Judicial First Class Magistrate, Attingal in S.T. 50/90 confirmed by the Sessions Judge, Trivandrum in Crl. Appeal No. 177/92. The first accused in C.C. 50/90 is the petitioner in Crl. R.P. 554/1994 while the second accused is the petitioner in Crl. R.P. 187/94. The petitioners and another were charged with the offences punishable under S.2(ia)(a), (m), 7(1)(iii) read with S.16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954. After the trial, the learned Magistrate found the petitioners (first and second accused) guilty of the offences under S.2(ia) read with S.16(1)(a)(i) of the Prevention of Food Adulteration Act and they were sentenced to undergo imprisonment for a period of six months each and also to pay a fine of Rs. 1,000/- each in default to undergo simple imprisonment for a further period of one month each. The third accused in the case was found not guilty and he was acquitted. Against the order of conviction and sentence passed by the Magistrate, the petitioners preferred Crl.A. 177/92 before the Sessions Judge, Thiruvananthapuram. The learned Sessions Judge, by the impugned judgment dismissed the appeal confirming the order of conviction and sentence passed by the Magistrate. Hence, these revisions.

(2.) The prosecution case is as follows: -

(3.) The accused denied the charge. Thereupon, the prosecution examined PWs. 1 to 5 and marked Exts. P1 to P25. MO1 was also marked.