JUDGMENT

S. Padmanabhan, J.- Wrong approach to the relevant legal provisions alone is responsible for the convictions and sentences, which resulted in these two criminal appeals, one by accused 1 and 2 and the other by the third accused.

2. On 19-10-1987, at about 11 p.m. P.W.8 Sub Inspector at first searched Shop No. C11 of Tirur Municipality admittedly possessed by accused 1 and 2 as their business premises. Two tins of palm oil were found. A neighbouring room No. A14 in another building claimed by accused 1 and 2 as their god own was also searched as opened by them. 18 tins of palm oil were also found and seized. They were chargesheeted and tried for contravention of Clause 3 of the Kerala Edible Oil Seeds and Edible Oils, Vanaspathi and Baby Food Dealers' Licensing Order, 1975 (for short, 'the Order'). P.Ws 1 to 6 were examined. On the evidence of P.Ws. 5 and 6, third accused was also impleaded under Section 319(1) of Code of Criminal Procedure. All the three were convicted and sentenced to simple imprisonment for 18 months and to pay a fine of Rs. 5,000/- each. Third accused is none other than P.W. 6.

3. The Special Judge seems to go under the impression that Section 319(1) of