K S GANGADHARA PANICKER Vs. VASUDEVAN HEALTH INSPECTOR

JUDGEMENT

(1.) THE petitioner is the accused in C. C. No. 632 of 1973 on the file of the Sub Magistrate, Quilon. THE Health Inspector, Quilon municipality, filed a complaint against him on the ground that he packed and sold cashewnut kernels using an electric motor during the year 1971-72 without taking a licence from the Quilon Municipality, as required by a notification published under S. 284 (1) of the Kerala Municipalities Act. THE contention of the petitioner was that he was processing cashewnut kernels and selling the same. THE notification, which is Ext. P-1, required only licence for "storing, packing, pressing, cleansing, preparing or manufacturing by any process whatever of cashewnuts". According to the petitioner, cashewnut was different from cashewnut kernel and as such no licence was necessary for bis trade. THE trial Court repelled the contention and held that Ext. P-1 required licence for cashewnuts, which took in cashewnut kernel also and as such the petitioner was guilty. THE petitioner was sentenced to pay a fine of Rs. 25 and in default to undergo simple imprisonment for 10 days. THE court also directed realisation of licence fee from the petitioner. This was confirmed in appeal by the Chief Judicial Magistrate.

(2.) WHEN this revision came before Kader J. he felt that the question of law involved is very important and therefore referred the petition to a Division Bench and thus the case has come before us.

(3.) WE therefore find no reason to interfere with the conviction and sentence and we hold that the entry 16 in Schedule III of the act relates to both cashewnut and its kernel.