ABDULLA HAJI Vs. FOOD INSPECTOR TELLICHERRY MUNICIPALITY

JUDGEMENT

(1.) This is a petition under S.389 of the CrPC. The petitioner had been charged for a bailable offence under the Prevention of Food Adulteration Act, 1954. He was acquitted by the learned Additional Judicial First Class Magistrate, Tellicherry. However, reversing the order of acquittal, this Court convicted the petitioner and sentenced him to imprisonment for a term of six months and to a fine of Rs. 1,000/-. The petitioner now seeks suspension of that sentence pending appeal to the Supreme Court.

(2.) Opposing the petition, counsel for the respondent Shri. K. J. Joseph submits that, where a person is convicted by the High Court, a petition under S.389 Cr.P.C. is not maintainable as there is no further right of appeal under the statute. This argument is supported by the Director of Public Prosecution whom we have heard on the construction of this Section.

(3.) S.389 reads as follows: