P K ALI Vs. FOOD INSPECTOR TELLICHERRY
HIGH COURT OF KERALA
FOOD INSPECTOR, TELLICHERRY
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(1.) This revision petition is filed by the accused in the case. The 1st accused is the father of the 2nd accused. The Food Inspector, Tellicherry, filed a complaint against them under S.16(1) (a) (i) read with S.7(1) of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act, in that they sold sweets containing non permitted coaltar dye. The 1st accused contended that the 2nd accused was the owner of the trade and that he had nothing to do with it. The 2nd accused, from whom the Food Inspector purchased the sample, pleaded not guilty.
(2.) The Trial Court found the accused guilty and convicted them of offence punishable under S.16(1)(a)(i) of the Act and sentenced the 1st accused to undergo S. I. for one year, and to pay a fine of Rs. 2,000/-, in default to undergo S. I. for a period of six months; and the 2nd accused to pay a fine of Rs. 100/-, in default to undergo S. I. for three months.
(3.) There was an appeal by the accused to the Sessions Court, Tellicherry. The Sessions Court confirmed the convictions, but reduced the sentence to 4 months' S. I. and to a fine of Rs. 1,000/- so far as the 1st accused was concerned. The sentence imposed by the Trial Court on the 2nd accused was confirmed.;
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