SEBASTIAN Vs. STATE

JUDGEMENT

(1.) THE petitioner Sebastian was found guilty by the learned Sub-Divisional Judicial Magistrate, Thanjavur in CC No. 1417 of 1977 for an offence under Sections 7(i) and 16(1)(a)(i) read with S. 2(ia)(a)(n) of the Prevention of Food Adulteration Act, 1954. He was convicted and sentenced to suffer rigorous imprinsonment for six months and to pay a fine of Rs. 1000/- in default to suffer rigorous imprisonment for six months

(2.) AN appeal against the aforesaid order was filed before the learned Sessions Judge, West Thanjavur in C.A. No. 85 of 1978. The learned Sessions Judge dismissed the appeal, confirming the conviction and sentence. The instant revision case is filed by the petitioner challenging the correctness of the conviction and sentence passed by the lower appellate court

(3.) IN the instant case, there is a delay of 25 days which by no stretch of imagination can be said to be 'immediately' within the provisions of Rule 9-A. IN the result, the conviction and sentence imposed on the petitioner by the courts below are set aside and the petitioner is acquitted. The revision case is allowed. The bail bond shall stand cancelled. The fine amount, if paid, shall be refunded to the petitioner