FATHIMA BEEVI, J.

The revision-petitioner was prosecuted under the Prevention of Food Adulteration Act, 1954 as amended in 1976 (shortly, the Act) for sale of insect infested coriander seeds in his grocery shop. The petitioner was convicted under Section 16(i)(a) read with Ss. 7(i) and 2(i-a)(f) of the Act and sentenced to pay a fine of Rs. 1000/-. The appeal preferred was dismissed by the Sessions Judge.

2. In revision before this Court, the learned counsel for the petitioner relying on the Full Bench decision in Food Inspector v. Prabhakaran, 1982 Ker LT 809 : (1983 Cri LJ 81) (FB) pressed for an acquittal. It was felt that the decision in Prabhakaran's case (supra) required reconsideration. The Criminal Revision Petition has accordingly came up before us on reference.

3. The Food Inspector purchased from the petitioner 450 grams of coriander seeds for purpose of analysis, on 21-2-1980. The sample was received by the Public Analyst on 6-3-1980. In Ext. P6, the report dt. 21-3-1980, the Public Analyst declared that the sample was insect infested and unfit for human consumption, it contained 10.3% by weight of extraneous matter including insect damaged grains, the insec