M. NAVAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petition is filed questioning the legality and correctness of the judgments in Crl.A. No.460/2005 of the Court of Session, Thalasserry (Appellate Court) and C.C. No.394/2002 of the Court of the Judicial First Class Magistrate, Kuthuparamba (Trial Court), finding the revision petitioner guilty and convicting and sentencing him for the offences under Ss. 16 (1) a (i) read with Sec.2(ia)m, (ix)k and Sec.7(i) and (ii) of the Prevention of Food Adulteration Act, ( for brevity, PFA Act) 1954. The revision petitioner was the first accused and the 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.

(2.) The prosecution case is that, on 4/7/2002, the Food Inspector, Kuthuparamba Circle (the complainant), inspected the shop of the first accused. He purchased three bottles of synthetic vinegar. On analysis of one of the samples, as per Ext P13 Form III report of the Public Analyst, it was found that the sample was not conforming to the standard prescribed under the PFA Rules. Therefore, the sample was adulterated and the accused committed the above offences.

(3.) The second accused was the licensee of the sample and the third accused was the licensee of the shop room.