RAPHY, S/O SAINALABDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition has been directed against the judgment of the Court of Sessions, Thiruvananthapuram (for short, the appellate court) dismissing Crl.Appeal No.1075/2007 filed against the judgment of conviction and sentence of the Judicial First-Class Magistrate Court- I, Neyyattinkara (for short, the trial court) in ST No.52/2001.

(2.) The petitioner was the first accused in ST No.52/2001. He along with the second accused faced trial for the offences punishable under Ss. 2(ia), 7(i), 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (for short, the PFA Act) r/w Rule 47 of the Prevention of Food Adulteration Rules, 1955 (for short, the PFA Rules).

(3.) The prosecution allegation is that on 7/12/2000, at about 4:00 p.m., the Food Inspector of Neyyattinkara Municipality (PW1) visited the hotel run by the petitioner, viz. Raphy Hotel in Balaramapuram and purchased 12 covers of smart drinks kept for sale as per Ext.P6 voucher and Ext.P6 (a) bill. They were divided into three parts in accordance with the PFA Rules. After necessary formalities, one part of the sample was sent for analysis, and Ext.P12 report was obtained stating that the sample contained artificial sweetener, saccharin and therefore adulterated. Accordingly, the prosecution was launched before the trial court.