Ahammed.T.P vs Food Inspector, Taliparamba Circle
2024 Latest Caselaw 5622 Ker

Kerala High Court

Ahammed.T.P vs Food Inspector, Taliparamba Circle on 16 February, 2024

Author: P.Somarajan

Bench: P.Somarajan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         FRIDAY, THE 16th DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                       CRL.REV.PET NO. 735 OF 2007
   AGAINST THE JUDGMENT DATED 31.12.1999 IN ST 58/1996 OF JUDICIAL
                 MAGISTRATE OF FIRST CLASS, TALIPARAMBA
   CRA 22/2000 OF ADDITIONAL SESSIONS COURT (ADHOC-I), THALASSERY
REVISION PETITIONER/APPELLANT/1st ACCUSED:

             AHAMMED.T.P., AGED 42 YEARS,
             S/o MOIDEEN, THAZHATH PUTHIYAVEEDU,
             SREEKANDAPURAM, TALIPARAMBA TALUK,
             KANNUR DISTRICT

             BY ADVS. SRI.N.GOPINATHA PANICKER
                      SRI.R.O.MUHAMED SHEMEEM
                      SRI.T.P.SAJID


RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:

     1       FOOD INSPECTOR, TALIPARAMBA CIRCLE,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM.

     2       THE STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM.



             BY PUBLIC PROSECUTOR SRI SANAL P RAJ




     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR HEARING ON
16.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.R.P.No.735 of 2007                 2




                                      ORDER

This criminal revision is against the concurrent

judgment of conviction rendered by both the courts below,

the Judicial First Class Magistrate Court, Taliparamba and

the Sessions Court, Thalassery, for the offence punishable

under Sections 16(1)(a)(i) r/w Section 7(1)(iii), Section

2(ia)(m), Rule 5 Appendix B.A-05.05.01 of P.F.A Rules and

under Rule 50(1) of P.F.A Rules 1955 r/w 16(i)(a)(ii) of

the P.F.A Act. Nothing was brought to the notice of this

court so as to have an interference with the conviction of

accused for the abovesaid offences. On the other hand, the

finding was rendered based on the oral testimony given by

prosecution witnesses PW1 to PW4 and Exts.P1 to P29(a). The

sentence awarded for the said offence is to undergo six

months simple imprisonment and to pay a fine of Rs.1,000/-,

in default to undergo simple imprisonment for one month for

the offence punishable under Section 16(1)(a)(i) r/w

Section 7(1)(iii), Section 2(ia)(m), Rule 5 Appendix B.A-

05.05.01 of P.F.A Rules and under Rule 50(1) of P.F.A Rules

1955 r/w 16(i)(a)(iii) of P.F.A Act, he is sentenced to

undergo simple imprisonment for three months and to pay a

fine of Rs.500/-, in default to undergo simple imprisonment

for 15 days with a direction to undergo substantive

sentence accordingly. The accused passed away and hence the

substantive sentence is abated. The sentence of fine will

stand confirmed with a direction to realize the said sum

from the assets of the deceased.

The Criminal Revision Petition will stand dismissed.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-