O. KANNAN Vs. THE FOOD INSPECTOR

JUDGEMENT

(1.) REVISION petitioner is the first accused in S.T. No. 3120/1998 on the file of the Judicial First Class Magistrate Court, Vadakara, who was convicted by the trial court for offences punishable under Section 16(1)(a)(i) r/w Section 7(1)(2)(1a)(m) of Prevention of Food Adulteration Act, 1954 (in short 'the P.F.A. Act') and R.5 appended B -A -05 -09 of Prevention of Food Adulteration Rules, 1955 (in short 'the P.F.A. Rules'). Second accused in the above case was acquitted. The first accused preferred an appeal before the Additional District and Sessions Judge, Vadakara in Crl. Appeal No. 215/2000. The learned Additional Sessions Judge after considering the entire evidence found that the appeal was without any merit and dismissed it confirming the conviction. Aggrieved by that judgment of the lower appellate court, the revision petitioner has approached this Court. Learned counsel for the revision petitioner and the learned Public Prosecutor submitted that the revision petitioner expired on 7th July, 2004.

(2.) SINCE fine is also imposed on the deceased petitioner in addition to imprisonment, I am of the view that the merit of the matter is to be examined. So, I have carefully perused the records.

(3.) DURING the course of trial, six witnesses were examined and thirty one documents were marked on the side of the prosecution. There was no defence evidence. MO 1 is the material object.