AUGUSTINE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE revision petitioners are the two accused persons in C. C. 59 of 1972 on the file of the First Class Magistrate, Shertallai. Each of them was convicted under S. 7 (i) read with S. 16 (1) (a) (i) of the prevention of Food Adulteration Act, for short the Act, and sentenced to rigorous imprisonment for six months and a fine of Rs. 1000/-and in default of payment of fine to rigorous imprisonment for two months. Appeal filed by them from their convictions and sentences before the Sessions Judge, Alleppy was unsuccessful.

(2.) PW. 1, the Food Inspector of the Shertallai South panchayat, purchased from the shop of the second accused 600 grams of coffee powder for Rs. 3/ -. The second accused was not then there but his salesman, the first accused, was there and it was from him that PW. 1 purchased coffee powder. Ext. P2 is the receipt received on payment of the price and Ext. P3 is the mahazar prepared after the purchase. The coffee powder purchased was divided into three equal parts and one part was sent to the public analyst who on analysis found that it did not conform to the standard prescribed for coffee powder as it contained 55 percent of chicory. The accused pleaded guilty and on that they were convicted and sentenced as already mentioned.

(3.) IT is stated in the Magistrate's judgment that pw. 1 demanded coffee powder before purchasing it. IT is misreading of his deposition. He did not say so.