STATE BY FOOD INSPECTOR, AMMAPETTAI TOWN PANCHAYAT REPRESENTED BY THE PUBLIC PROSECUTOR Vs. R. RAJASEKARAN

JUDGEMENT

(1.) THIS appeal is by the State. The two accused A1 and A2 who are father and son were charged under S. 2(1a)(a)(j) & (m), 7(1) read with 16(1)(a)(i) of Prevention of Food Adulteration Act, 1954. The trial court acquitted Al, but convicted A2 and sentenced him to undergo R.I. for six months and to pay a fine of Rs. 1000/ - and in default to undergo R.I. for three months. Against that conviction and sentence, A2 filed an appeal before the Sessions Judge, Thanjavur. The appellate court found the appellant/2nd accused also not guilty and therefore it acquitted him. It is against this order of acquittal the State has come up with this appeal.

(2.) THE case against the second accused is that A1 being the owner of the grocery shop at 70, Periya Kadai Theru, Ammapet and A2 being his son as well as salesman of the said grocery shop, on 25.10.84, at about 9:15 A.M. sold 7 Kg. of Besan (Kadalai Mavoo) to the Food Inspector, Ammapet Panchayat Union which when subjected to analysis by the Food Analyst, Guindy, Madras was found adulterated and contained 90% of Bengal Gram Flour, and the sample was also found to contain Mentanil yellow a coal tar colour, which is not permitted to be used in any food. Both the accused denied the charge, and as stated above the trial court itself acquitted Al, and convicted only A2 and on appeal, the appellate court acquitted A2 also.

(3.) NOW , as regards the sentence, the alleged offence is dated 25.10.1984 and A2 was acquitted by the appellate Court in the year 1986 and now more than 6 years has elapsed. Considering this as a special ground A2 is sentenced to undergo three months R.I. and to pay a fine of Rs. 500/ - and in default to undergo R.I. for one month. However A -2 is entitled to remission of the substantive sentence under G.O. Ms. No. 296 dated 20.2.90. Therefore, he need not surrender to custody to serve the substantive sentence. I grant two weeks time for payment of fine from the date of receipt of this order by the trial court.