R SUKUMAR Vs. FOOD INSPECTOR METTUR TOWNSHIP

JUDGEMENT

(1.) THE petitioner who was convicted by the Courts, below under sections 7 (ii), 16(1)(a)(i) and 2(ix)(i) of the Prevention of Food Adulteration Act and who was sentenced to rigorous imprisonment for six month sand a fine of Rs. 1,000 in default to suffer rigorous imprisonment for three months, has filed the above criminal revision case.

(2.) THE facts of the case are that on 27th December, 1978, at about 9-00 a.m., P.W.1 the Food Inspector, purchased 600 grams of "Kesari powder" after issuing a memo,. Exhibit P-1 to the petitioner. THE bill for the sale of 600 grams of Kesari powder was issued by the petitioner to P.W.1 for Rs. 12 which is marked as Exhibit P-2. A statement, Exhibit P-4 was, also obtained by P.W.1 from the petitioner to the effect that the petitioner has sold "Kesari powder". THE Kesari powder purchased under Exhibit P-2 was sent to the Public Analyst and the Public Analyst has sent a report, Exhibit P-10. THE Public Analyst opined that the sample tested by him contains a coal tar dye not permitted for use in any food. It is on the basis of this report sent by the Public Analyst, a case was filed against the petitioner after informing the petitioner the result of Public Analyst.

(3.) ON the basis of the evidence adduced by the prosecution, the trial Court convicted the petitioner holding that the petitioner is liable under sections 7 (ii), 16 (1) (a)(i) and 2 (ix) (i) of the Prevention of Food Adulteration Act and sentenced him to rigorous imprisonment for six months and also imposed a fine of Ps. 1,000 in default to suffer rigorous imprisonment for three months. Against the conviction and sentence of the petitioner, C. A. No. 271 of 1979 was filed before the Sessions Court, Salem. The learned Sessions Judge, on a review of the evidence and also after hearing the arguments, confirmed the conviction and sentence imposed on the petitioner by the trial Court, and dismissed the appeal. It is against this dismissal of the appeal, the above criminal revision case has been filed.