IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1329 of 2002()
1. K.M.KURIAKOSE, KANJIRAPPALLIL HOUSE,
... Petitioner
Vs
1. FOOD INSPECTOR, MEENADAM PANCHAYATH,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.V.N.ACHUTHA KURUP (SR.)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :23/06/2009
O R D E R
THOMAS P.JOSEPH, J.
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CRL. R.P. NO.1329 of 2002
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Dated this the 23rd day of June, 2009
O R D E R
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This revision is in challenge of conviction and sentence of
petitioner for offence under Section 7(i) & (iii) of the Prevention of
Food Adulteration Act (for short, “the Act”) and Rule 50 of the
Prevention of Food Adulteration Rules (for short, “the Rules”) for
alleged sale of food article without obtaining licence required under
the Act and Rules.
2. Case is that Food Inspector purchased chilly powder from
the petitioner on 17.6.1989 and the sample of chilly powder on
analysis by Public Analyst was found to be not in conformity with the
standard prescribed for chilly powder. Accused No.2 was impleaded as
manufacturer of chilly powder. Learned Chief Judicial Magistrate,
Kottayam found petitioner as well as accused No.2 guilty and
convicted them for various offences including sale of chilly powder
which did not conform to the prescribed standard. Petitioner preferred
appeal. Learned Additional Sessions Judge, Kottayam found that
conviction and sentence of petitioner for alleged sale of food article
cannot stand since petitioner is entitled to the protection under Sec.19
(2) of the Act. His conviction and sentence for that offence were set
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aside. But his conviction for sale of food article without licence was
confirmed and he was sentenced to undergo simple imprisonment for
three months and payment of fine of Rs.1,000/-.
3. So far as conviction of petitioner for offence under Sec.7(iii)
of the Act is concerned there is the evidence of Food Inspector as
P.W.1 that petitioner could not produce any licence when it was asked
for at the time Food Inspector purchased the food article from
petitioner. Exhibits P13 and P14 show that petitioner was not having
any licence under the Act for the sale of food article. Hence there is
no reason to interfere with the conviction of petitioner under Sec.7(iii)
of the Act.
4. Learned counsel submitted that petitioner is undergoing
treatment for cancer since the last few years and produced
documents to support that contention. Along with Crl.M.P. No.5698 of
2009 attested photocopies of the relevant records from the hospitals
concerned are produced. It is seen that petitioner is undergoing
treatment for cancer and that he had to undergo surgery on the neck.
Considering the situation in which petitioner is placed I am inclined to
show leniency to the petitioner in the matter of sentence. As per
proviso (ii) to Sec.16(1)(g) sentence provided is imprisonment for a
term which may extend up to three months and fine which may extend
up to Rs.500/-. Petitioner is not shown to be involved in any similar
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offence on previous occasion. In the circumstances I am satisfied that
simple imprisonment till rising of the court and fine of Rs.500/- will be
sufficient in the ends of justice.
Resultantly, this revision is allowed in part to the following
extent:
(i) Substantive sentence imposed on
petitioner is modified as simple imprisonment
till rising of the court.
(ii) Sentence of fine is modified as
Rs.500/- (Rupees Five hundred only) and in
default of payment to undergo simple
imprisonment for two weeks.
Petitioner shall appear in the trial court on 31.7.2009 to receive
the sentence. Fine if any deposited above Rs.500/- (Rupees Five
hundred) shall be refunded to the petitioner.
Criminal Miscellaneous Application No.5698 of 2009 shall stand
allowed.
Criminal Miscellaneous Petition No.7336 of 2002 shall stand
dismissed.
THOMAS P.JOSEPH, JUDGE.
vsv
THOMAS P.JOSEPH, J.
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CRL. R.P. NO.1329 of 2002
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O R D E R
23RD JUNE, 2009