- (1.) These are two connected appeals. They have been brought after obtaining special leave from this court. They arise from Criminal case No. 179 of 1965 in the court of Sub-Divisional Magistrate, Hosdrug wherein the appellants were persecuted under S. 16 (1) , read with Sections 7 and 2 (l) (a) of the Prevention of Food Adulteration Act. The Trial court convicted both the appellants and sentenced each one of them to undergo simple imprisonment for six months and to pay a fine of Rs. 1,000. 00 each, in default to further undergo simple imprisonment for three months. In appeal the learned Sessions Judge, Tellicherry acquitted the second accused, the appellant in Criminal Appeal No. 123 of 1967, confirmed the conviction of the 1st accused (appellant in Criminal Appeal No. 124 of 1967) but reduced the sentence to simple imprisonment for one month and a fine of Rs. 100. 00. Thereafter the 1st accused went up in revision under S. 435 and 439, Criminal Procedure Code to the High court of Kerala. That court while admitting the Criminal Revision Petition, issued notice to the 1st accused requiring him to show cause why the sentence imposed on him should not be enhanced. At the same time it issued notice to the second accused to show cause why his acquittal should not be set aside. After hearing the Criminal Revision Petition, the High court set aside the acquittal of the second accused and remitted the case to the sessions Judge for rehearing ; further It restored the sentence imposed on the 1st accused by the Trial court.
(2.) The prosecution case is that the 1st accused is the owner of a grocery shop at Kumbalapalli. On the morning of 1/05/1965 when P. W. I, the food Inspector went to that shop. A-1 was not present but A-2 was in the shop attending to the sales. In the shop P. W. I found stocked for sale lac dhall which is also known as Kesari dhall. For the purpose of examination he, purchased from the second accused 750 Grams of lac dhall ; prepared three samples out of it ; got them duly packed and sealed ; gave one of those packets to A-2. At the same time P. W. I prepared a Yaddasht (Exh. P-1) detailing therein the steps taken by him, got it signed by A-2 and two panch witnesses, P. Ws. 2 and 4. He also obtained a receipt from A-2 for the sample packet given to him. On examination of the dhall purchased, the analyst found the same to be lac dhall, the sale of which had been prohibited as it was injurious to health.
(3.) At the trial P. Ws. 2 and 4 did not support the prosecution case. The Trial court did not accept their evidence. Relieving the evidence of p. W. 1 that court convicted and sentenced the accused as, mentioned earlier. In appeal as mentioned earlier, the learned Sessions Judge confirmed the conviction of the 1st accused but reduced his sentence solely on the ground that he was not present at the time of the sale. While dealing with the case of the 2nd accused he did not disturb the finding of the Trial court that he was the person who sold the dhall in question to P. W. 1. But yet he acquitted him on the ground that there-was no satisfactory evidence to show whether A-2 was the partner or the selling agent of the 1st accused.;