T.J.THOMAS Vs. FOOD INSPECTOR

JUDGEMENT

(1.) The revision petition is filed questioning the legality, correctness and propriety of the judgment in Crl.A.No.17/2011 of the Court of the Additional Sessions Judge, (Adhoc-I), Kasaragod Division (Appellate Court) and C.C. No.280/2009 of the Court of the Judicial First Class Magistrate-II, Hosdurg(Trial Court), holding the revision petitioner guilty for the offenceS under Ss. 16(1-A)(i) read with Sec. 7(i) and 2(ia) and (j) of the Prevention of Food Adulteration Act, 1954 and Rule 29 of the PFA Rules(in short, 'Act and Rules). The revision petitioner was the third accused and first respondent was the complainant before the Trial Court. For the sake of convenience, the parties are referred to as per their status before the Trial Court. Relevant facts:

(2.) The prosecution case was that, on 24/9/2008 the complainant along with the witnesses inspected the premises of Vellarikundu Trading Company in Balal Grama Panchayat. At the time of inspection, the first accused was conducting the trade of food articles in the shop. The complainant purchased three sealed packets of banana chips containing 160 gms each. Consequently, he sent one sample for analysis to the Public Analyst, Kozhikode. The Public Analyst, by Ext P10 Form III, found that the sample was adulterated, since it contained a synthetic food colour of tartrazine, which is in contravention of Rule 29 of the PFA Rules. Thus, the accused have committed the above offence.

(3.) The accused denied the accusation read over to them.