V. KRISHNA IYER Vs. HEALTH OFFICER, PUDUKOTTAI MUNICIPALITY

JUDGEMENT

(1.) UPON the facts of evidence in this case, I see no grounds to interference in revision with the conviction of this petitioner under Rule 49(2) of the rules framed under Central Act XXXVII of 1954 read with Section 16(1) of the Act. The argument before me is that, assuming the facts as established that the revision petitioner did store or keep chilly -paste in an untinned container (there is no specific evidence about the substance of which the container was made, but very probably it was brass or copper), merely keeping such an ingredient of food in an untinned vessel by a hotel proprietor would not attract the language of Rule 49(2), and that these facts would not come within the mischief of that rule.

(2.) RULE 49(2) runs as follows:

(3.) AS regards the sentence, this seems to be not merely the first offence, but a highly technical one. There is some evidence to show that chilly -paste kept in an untinned container in this fashion, is not likely to become noxious or directly to injure the health of any consumer. Taking that circumstance into account, I reduce the sentence to a fine of Rs. 20, or in default to rigorous imprisonment for two weeks. The excess fine if paid will be refunded.