PUTHANPURAKKAL MOIDU Vs. STATE AND ORS.

JUDGEMENT

(1.) This petition filed under Section 482 of Code of Criminal Procedure is preferred by the sole accused in L.P.C.No.30/1994 on the file of the Additional Chief Judicial Magistrate, Thalassery. Originally he was arrayed as the second accused in C.C.No.12/1992 of the Additional Chief Judicial Magistrate Court, Thalassery. Since the petitioner was employed abroad, he could not face the trial along with the first accused and therefore, case against him was split up and refiled.

(2.) The offence alleged against the petitioner who was arrayed as the second accused in the complaint is under Sections 16(1-A) (i) read with Section 2(1a) and under Section 7(i) of the Prevention of Food Adulteration Act, 1954 and under Rule 5 Appendix B.A.18.O6 of the Prevention of Food Adulteration Rules, 1955.

(3.) The gist of the complaint is that, on 12.11.1991, at 11.10.a.m., the Food Inspector, Thalassery Circle (Kadambur Panchayath) inspected the Kadambur Super Market at Edakkad bearing Door No.K.P.IX/300 owned by the petitioner and purchased Bengal gram after complying with the necessary formalities for the purpose of sending it for analysis. After properly sampling and sealing the same, the sample was forwarded to the Public Analyst as per law. The report of the Public Analyst revealed that the food sample was insect infested.