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1968 Supreme(SC) 411

J.C.SHAH, V.RAMASWAMI, A.N.GROVER
Kassim Kunju Pookunju – Appellant
Versus
K. K. Ramakrishna Pillai – Respondent


Advocates Appeared:
For the Appellants :M.S.K. Sastri, M.S. Narasinghan and P. Kesava Pillai, Advocates
For the Respondents:M.R.K. Pillai, Advocate

JUDGMENT :

A.N. Grover, J.

1. This is an appeal by special leave from the judgment of the Kerala High Court. The appellants were accused of offences under sections 7(1) and 16(l)(a)(i) of the Prevention of Food Adulteration Act, 1954 (Act XXXVU of 1954), hereinafter called the "Act". The trial court imposed a sentence of fine of Rs. 500 on each of the appellants. The learned Sessions Judge upheld the conviction and the sentence. The appellants filed a petition for revision in the High Court. When that came up for hearing the High Court issued a notice to the appellants to show cause why the sentence awarded to them should not be enhanced. Ultimately the High Court enhanced the sentence to one of simple imprisonment for six months and a fine of Rs. 1,000, in default the appellants were to undergo simple imprisonment for a further period of two months. Briefly stated the facts are that appellant No. 1 is the owner of the shop from where the Food Inspector purchased an article of food (compounded asafoetida) for analysis on 22-9-1965. The first appellant was not there at that time but his brother, the second appellant, was present and it was from him that the article in question was pu

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