RAJESH KUMAR Vs. FOOD INSPECTOR

JUDGEMENT

(1.) The revision petition is filed questioning the legality and correctness of the judgment in Crl.A. No.318/2013 of the Court of Session, Kozhikode Division (Appellate Court) confirming the judgment in CC No.893/2009 of the Court of the Judicial First Class Magistrate, Koyilandy (Trial Court), holding the revision petitioners guilty and convicting and sentencing them for the offences under Sec. 16(1) (a) (i) read with Sec.7(i) read with Sec.2(ia) (m) of the Prevention of Food Adulteration Act ( for brevity, PFA Act), 1954 and Rule 29 of the Prevention of Food Adulteration Rules ( for brevity, PFA Rules),1955. The revision petitioners were the accused and the 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.

(2.) The prosecution case is that, on 30/6/2009, the complainant inspected the firm named 'Calicut Supermarket' belonging to the second accused. After disclosing his identity to the first accused - Salesman and Manager of the firm - the complainant purchased 180 grams of Cloves (whole), which were exhibited for sale. One of the samples that was sent to the Public Analyst was to be adulterated as per Ext P14 Form III report. Hence, the accused have committed the above offences.

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