JOSE T.J. Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petition is filed questioning the legality and correctness of the judgments in Crl.A. No.522/2011 of the Court of Session, Ernakulam (Appellate Court) and ST No.4364/2006 of the Court of the Judicial First Class Magistrate-I, Perumbavoor (Trial Court), holding the revision petitioner guilty for the offences under Sec.2(ia)(a) 7(i) (v) read with Sec.16 (ia) (ii) of the Prevention of Food Adulteration Act, ( for brevity, PFA Act) 1954 read with Sec.32(e) (f) and 50 of the Prevention of Food Adulteration Rules ( for brevity, PFA Rules) and convicting and sentencing him for the above offences. 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 22/2/2006, the Food Inspector, Perumbavoor Circle (the complainant), found the first accused engaged in selling food articles in a vehicle bearing registration No.KL-5B/3904 which belonged to the second accused. The Food Inspector purchased banana chips weighing 200 grams from the accused. On sending a sample for analysis to the Public Analyst, it was reported by Ext P12 Form III report that the sample was adulterated as it contained synthetic colour of tartrazine. Hence, the accused committed the above offences.

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