JOHNSON Vs. FOOD INSPECTOR

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 16(1) (c) (d) read with Section 10(2) of the Prevention of Food Adulteration Act (P.F.A Act) and Rule 12 of the Prevention of Food Adulteration Rules in S.T 7026/1997 of the Judicial First Class Magistrate Court, Chalakudy. He is the licensee of the grocery shop being run in the building No.22/231 of the Chalakudy Municipality. The said prosecution was brought against the revision petitioner by the Food Inspector of the Chalakudy Municipality, on the allegation that when the Food Inspector visited the shop of the revision petitioner at about 11.30 a.m on 15.11.1997 for collecting sample of Bengal-gram (channa) for analysis, he was obstructed and threatened by the revision petitioner, and when the Food Inspector demanded 750 gms of Bengal-gram, the revision petitioner declined the request. According to the Food Inspector, he had also prepared the Form VI notice to be given to the accused.

(2.) The accused appeared before the learned Magistrate and pleaded not guilty when the substance of the accusation was read over and explained to him. The Food Inspector examined himself and also his Office Peon, and proved Exts.P1 to P6 documents. The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo simple imprisonment for three months by judgment dated 19.11.2001. Aggrieved by the judgment of conviction, the accused approached the Court of session, Thrissur with Crl.A 614/2001. In appeal, the learned III Additional Sessions Jude, (Adhoc-I), Thrissur confirmed the conviction and sentence and accordingly dismissed the appeal.