IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 850 of 1998()
1. C.BALAKRISHNAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :12/07/2007
O R D E R
K.R.UDAYABHANU, J
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Crl.R.P.No.850 of 1998
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Dated this the 12th day of July, 2007
O R D E R
The revision petitioner is the accused in S.T.No.223/89 in
the file of the JFCM, Chalakudy with respect to the offences
under Sections 2(ia) (1) 7(i) (v) read with Section 16(1) (a) (i) and
(ii) of the P.F.A. Act, 1954 and A.14 of Appendix B of the
Prevention of Food Adulteration Rules 1955. The prosecution
case is that the tea dust purchased by the Food Inspector from
the shop of the accused was found to be adulterated. On
analysis, the same was found to contain excess ash. The revision
petitioner/accused stands convicted to undergo simple
imprisonment for three months and to pay a fine of Rs.1,000/-
and in default, to undergo simple imprisonment for three
months.
2. The evidence adduced in the matter consisted the
testimony of PW1 and Exts. P1 to P15. The accused himself got
examined as DW1 and has produced Ext.D1 bill.
3. The counsel for the revision petitioner has raised the
contention that the accused is entitled to the protection of
CRRP850/1998 Page numbers
Section 19(2) of the PFA Act by virtue of Ext. D1 bill produced by
DW1. The above contention was rejected by both the courts
below on the basis of as the evidence of PW1, Food Inspector,
that the tea dust was kept in an unsealed jar; and rightly so. In
the circumstances, I find no reasons to interfere in the findings
of the court below. The conviction is confirmed.
4. All the same, counsel for the revision petitioner has
pointed out that about 19 years have elapsed since the
commencement of the criminal proceedings. In the
circumstances and also taking into consideration the nature of
the adulteration, I find that the sentence is liable to be modified.
The sentence is modified to imprisonment till the rising of the
court and to pay a fine of Rs.5,000/- and in default, to undergo
simple imprisonment for six months. The revision petitioner
shall appear before the Judicial First Class Magistrate Court,
Chalakudy on 24.8.2007 to receive sentence.
The criminal revision petition is disposed of as above.
K.R.UDAYABHANU,
JUDGE
csl