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1988 Supreme(Mad) 153

DAVID ANNOUSSAMY
R. Venkatakrishnan – Appellant
Versus
Food Inspector (Hqs) Food and Drugs Administration, Pondicherry – Respondent


Advocates Appeared:S. Ashok Kumar, R. Subramaniam, Advocates.

Judgment :-

On 18-6-1982 the Food Inspector visited the shop of Thirubuvanai Farmers Service Co-operative Society Limited and found the accused who is the Accountant of the said Society looking after the business. After disclosing his identity, the Food Inspector, as per the procedure prescribed by law, purchased gram-dhall and had it analysed. The result of the analysis showed that the article was adulterated. The accused was therefore prosecuted for an offence under S.7(1) read with S.2(1)(a)(m) and S.10(1)(a)(i) of the Prevention of Food Adulteration Act, 1954. The trial Court found that the fact of adulteration was proved that the Society had not nominated anybody and hence as per S.17(1)(a)(ii) of the Act, the accused who was looking after the business was guilty of the offence and accordingly convicted him and sentenced him to undergo simple imprisonment for three months and to pay a fine of Rs. 1,000/-.

2. On appeal, the Second Additional Sessions Judge, Pondicherry by Judgment dated 8th February, 1985 confirmed the conviction and sentence. Aggrieved by that judgment the accused has come before this Court by way of revision.

3. The learned counsel for the revision petitioner w

















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