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1989 Supreme(Ker) 122

T.V.RAMAKRISHNAN, U.L.BHAT
E. – Appellant
Versus
Kunhamu – Respondent


Judgment :-

BHAT, J.

Food Inspector, Cannanore Municipality (P.W. 1) filed a complainant against the revision petitioner (owner of shop by name "Anukul Mini Departmental Store" in Door No. KL 200(q) of Cannanore Municipality) as the second accused and his salesman as the first accused alleging that on 29-12-1981 at about 11 a.m. he visited the shop and after fulfilling all the legal formalities purchased 450 grams of cow's ghee for analysis from the first accused and sent it for analysis to the Public Analyst and the sample was found adulterated. Complaint was filed and other legal formalities complied with. First accused absconded. The case was proceeded against the second accused, who denied the incriminating evidence and stated that the sample was not taken from his shop. The trial Court and appellate Court concurrently found in favour of the prosecution case and convicted the second accused under S. 16(1)(a)(i) of the Prevention of Food Adulteration Act (for short 'the Act') and sent him to undergo simple imprisonment for six months and to pay fine of Rs. 1,000/- and in default to undergo imprisonment for two months. Sankaran Nair, J. before whom the revision petition came up f




















































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