M.SHIBU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petition is filed questioning the legality and correctness of the judgments in Crl.A.No.91/2007 of the Court of the Additional Sessions Judge, (Adhoc-II), Kollam (Appellate Court) and S.T. No.1697/2000 of the Court of the Judicial First Class Magistrate-III, Punalur(Trial Court), holding the revision petitioners guilty for the offences under Sec. 16(1)(A) read with Ss. (2)(ia)(j) and 7 (1) and Sec. 16(1) proviso (1) read with Ss. (2)(ix)(K) and 7(1) of the Prevention of Food Adulteration Act, 1954 (in short, 'Act'). The revision petitioners were the accused and the second 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 17/8/1999, the second respondent - the food inspector - inspected the bakery and restaurant situated in Pathanapuram, which was owned by the second accused and managed by his son - the first accused. The food inspector purchased 600 grams of banana chips from the first accused. In one of the samples that was sent for analysis to the Public Analyst, by Ext P13 Form III report, it was found that the sample was adulterated, as there was presence of water soluble synthetic colour tartazine, which is in violation of Rule 29 of the PFA Rules. Thus, the accused have committed the above offences.

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