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1969 Supreme(SC) 269

G.K.MITTER, K.S.HEGDE, S.M.SIKRI
Ibrahim Haji Moidee: Ummer Haji – Appellant
Versus
Food Inspector, Nileshwar – Respondent


HEGDE,J.

(1) THESE are two connected appeals. They have been brought after obtaining special leave from this court. They arise from Criminal Case No. 179 of 1965 in the court of Sub-Divisional Magistrate, Hosdrug wherein the appellants were presecuted under S. 16(1), read with Sections 7 and 2(l)(a) of the Prevention of Food Adulteration Act. The Trial court convicted both the appellants and sentenced each one of them to undergo simple imprisonment for six months and to pay afine of Rs. 1,000.00 each, in default to further undergo simple imprisonment for three months. In appeal the learned Sessions Judge, Tellicherry acquitted the second accused, the appellant in Criminal Appeal No. 123 of 1967, confir- med the conviction of the 1st accused (appellant in Criminal Appeal No. 124 of 1967) but reduced the sentence to simple imprisonment for one month and a fine of Rs. 100.00. Thereafter the 1st accused went up in revision under S. 435 and 439, Criminal Procedure Code to the High Court of Kerala. That court while admitting the Criminal Revision Peti- tion, issued notice to the 1st accused requiring him to show cause why the sentence imposed on him should not be en








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