LAWS(KER)-2016-3-173

ALIYAR Vs. THE FOOD INSPECTOR MALAPPURAM CIRCLE

Decided On March 10, 2016
ALIYAR Appellant
V/S
The Food Inspector Malappuram Circle Respondents

JUDGEMENT

(1.) The revision petitioners are accused Nos.2 and 3 in C.C. No.901 of 2008 on the files of the Court of the Judicial Magistrate of First Class - I1, Perinthalmanna.

(2.) The revision petitioners were indicted for the offence under Section 16(1)(a)(i) read with Sections 2(ia) (m) and 7(i) of the Prevention of Food Adulteration Act, 1954 (for short "the Act") and Appendix B, Item A.05.17.01 of Prevention of Food Adulteration Rules, 1955.

(3.) The prosecution allegation is that on 14.5.2008 at 12 noon, the Food Inspector, Malappuram Circle, purchased six sealed packets of black pepper powder of 50 grams each from the shop of the first accused. The second accused was the Production Supervisor of the Manufacturer, namely, the third accused. After sampling as per rules, one of the samples was sent for analysis to the Public Analyst. The Public Analyst submitted report stating that the sample did not conform to the standard prescribed for the food item and therefore, the same was adulterated.