S SHANMUGHAN CHETTIYAR Vs. R NARAYANAN NAIR

JUDGEMENT

(1.) This Criminal Revision Petition arises against the conviction and sentence delivered by the Sessions Judge, Trivandrum in Crl. Appeal No. 50 of 1992. That Criminal Appeal arose challenging the conviction and sentence delivered by the Judicial I Class Magistrate, Neyyattinkara finding the revision petitioner guilty under S.7(ii) and (iii) of the Prevention of Food Adulteration Act, 1954 (hereinafter called the Act) and thereby sentenced him to undergo rigorous imprisonment for six months and also to pay a fine of Rs. 1,000 in default of payment of fine to undergo simple imprisonment for a further period of 3 months. Before the Magistrate, on the prosecution side 5 witnesses were examined and Exts. P - 1 to P - 34 were marked.

(2.) The above Judgment of the learned Sessions Judge confirming the conviction and sentence delivered by the Magistrate is challenged in this Crl. Revision Petition. The only point that was urged before me is whether the conviction and sentence delivered by the trial Magistrate which were confirmed by the Sessions Judge are sustained in accordance with law and fact. The first submission of the learned Counsel appearing for the revision petitioner would be that the revision petitioner shall not be deemed to have committed an offence in respect of the sale of adulterated article since the revision petitioner had purchased the same with a written warranty in the prescribed form and that he had stored the article in his possession properly, the sample of which was purchased by P.W. 1, Food Inspector, Trivandrum Circle.

(3.) The learned Addl. Director General of prosecution submitted that rule Nos. 1.7 and 18 of the Act as well as R.12 with Form No. VI have been complied with by P. W. 1. Therefore the revision petitioner has committed the offence under S.7 (i) and (Hi) of the Act, punishable under S.1.6 (1) (a) of the Act. Now I will take up R.12 and Form No. VI proscribed thereunder. R.12 of the Act would provides that when a Food Inspector takes a sample of article for the purpose of analysis, he shall give notice of his intention to do so in writing in Form No. VI. Form No. VI prescribes as follows: