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2000 Supreme(Ker) 397

N.KRISHNAN NAIR
Koyakutty – Appellant
Versus
Food Inspector – Respondent


Judgment :-

N. Krishnan Nair, J.

The petitioner herein was the 1st accused in S.T. No. 706 of 1989 on the file of the Judicial Magistrate of the 1st Class-1, Kollam. The petitioner and two others were charged with the offences punishable under Ss.2(ia)(m) and 7(i) read with S.16 (1)(a)(i) of the Prevention of Food Adulteration Act, hereinafter referred to as 'the Act'. After the trial, the learned Magistrate found the accused 2 and 3 not guilty of the offences alleged against them and acquitted them. The petitioner (1st accused) was found guilty and he was convicted under Ss.2(ia)(m) and 7(i) read with S.16(1)(a)(i) of the Act. He was sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 1,000/-, in default or payment of fine to suffer imprisonment for a further period of three months. Against the order of conviction and sentence, the petitioner preferred Crl. Appeal No. 56 of 1992 before the Sessions Judge, Kollam. The Sessions Court, Kollam by its judgment dated 4th June, 1993, dismissed the appeal by confirming the order of con viction and sentence passed against the petitioner by the trial court. Hence this revision.

2. The prosecution case briefly is a








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