KT HAMSA Vs. FOOD INSPECTOR MELATTUR PANCHAYAT

JUDGEMENT

(1.) The only question to be decided in this criminal revision petition is whether or not the petitioner is entitled for the benefit guaranteed under S.19(2) of the Prevention of Adulteration Act.

(2.) The brief facts of the prosecution case are as follows: On 10-11-1989 at about 12 noon P.W.2 -- Food Inspector inspected the shop of the petitioner and after giving Form VI notice, he purchased 12 packets of chilly powder each containing 50 grams. The articles purchased were sampled into three packets and after complying with the legal formalities one sample packet was sent to the Public Analyst, Calicut for analysis and two other sample packets were handed over to the Local Health Authority. In Ext. P 13 report the Public Analyst reported that the article contained non permitted coaltar dye orange II and was adulterated. Accordingly, P.W.2 -- the Food Inspector filed a complaint against the petitioner as well as the 2nd accused, the manufacturer of the chilly powder, before the Magistrate. Since the 2nd accused was absconding, the case against the 2nd accused was split up and numbered as S.T. 27/99. The case against the petitioner was tried and on the evidence adduced by the complainant the Trial Court found the petitioner guilty of the offences under S.16(1)(a)(i) read with S.2(ia)(a) and (i) and 7(i) of the Prevention of Food Adulteration Act and convicted him thereunder and sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 1,000 and in default of payment of fine to undergo further imprisonment of three months more. Against the conviction and sentence passed against the petitioner, he filed Crl. A. No. 139/90 before the Sessions Court, Manjeri Division. By Judgment dated 22-11-1995 the appellate court confirmed the conviction and sentence passed by the Trial Court. Challenging the above conviction and sentence, the petitioner filed the present criminal revision petition.

(3.) Prosecution examined P. Ws. 1 to 6 and Exts. P 1 to 19 were marked. On the side of the defence D. W. 1 was examined and Ext. D 1 was marked.