S.RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petition is filed questioning the legality and correctness of the judgments in Crl.A. No.3/2012 of the Court of Session, Thodupuzha (Appellate Court) and C.C. No.729/2006 of the Court of the Judicial First Class Magistrate, Nedumkandom (Trial Court), holding the revision petitioner guilty for the offences under Sec.248(2) of the Code of Criminal Procedure ( in short, Code) and Sec.2(ia) (f) 7(i) read with Sec.16(1A) (i) of the Prevention of Food Adulteration Act, ( for brevity, PFA Act) 1954 and Rule 5 Appendix B A 18/6/8 of the Prevention of Food Adulteration Rules, 1955 ( in short, PFA Rules). The revision petitioner was the 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 27/7/2006, the Food Inspector, Permade Circle (PW1), had inspected the grocery shop run by the accused and purchased 1500 grams of Chana whole (Bengal gram). On sending one of the samples to the Public Analyst for analysis, by Ext P13 Form III report, it was found that the sample was adulterated and did not conform to the standards prescribed under the PFA Rules as it contained uric acid content to the extent of not less than 356.0 ppm, which was unfit for human consumption. Hence, the accused committed the above offences.

(3.) The accused pleaded not guilty to the substance of accusation read over to him.