K. Afsal Koya Thangal v. Food Inspector, Kannur Circle, Kannur and State
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- B. Sudheendra Kumar
- Judgment Date
- 2016-01-11
- Court Decision / Holding
- The revision petition is allowed. The conviction and sentence under Section 16(1)(a)(i) read with Sections 7(i) and 2(ia)(m) of the Prevention of Food Adulteration Act, 1954 and Rule 5 Appendix A.05.08.01 of the Prevention of Food Adulteration Rules, 1955 are set aside. The revision petitioner is acquitted. The bail bond of the revision petitioner stands cancelled and he is set at liberty.
- Final Disposition
- Revision petition allowed; conviction set aside; accused acquitted; bail cancelled; petitioner to be set at liberty (acquitted).
Parties to the Case
Appellants / Petitioners
- K. Afsal Koya Thangal
Respondents
- Food Inspector, Kannur Circle, Kannur
- State represented by Public Prosecutor, High Court of Kerala, Ernakulam
Legal Representation & Advocates
Counsels for Petitioners
- • Sri V. Rajagopal
- • Sri K. N. Chathukutty
Counsels for Respondents
- • Public Prosecutor, Shri R. Githesh
Case Synopsis & Summary
This is a criminal revision petition by the second accused challenging a concurrent conviction and sentence under the Prevention of Food Adulteration Act, 1954, for adulteration of coriander powder. On 5 February 1990, a Food Inspector purchased three packets of coriander powder from the accused's shop. After sampling, one sample was sent to the Public Analyst, which concluded the sample did not conform to the standard. A second sample was sent to the Central Food Laboratory, which also reported adulteration and record moisture and ash content. The trial Court and subsequent courts convicted the accused under Section 16(1)(a)(i) read with Sections 7(i) and 2(ia)(m) of the PFA Act and Rule 5, Appendix A.05.08.01. The defense argued that there was no notified laboratory and no validated method of analysis under Section 23(1-A)(ee) and (hh) of the Act, rendering Ext. P23 unreliable; he relied on Pepsico India Holdings (P) Ltd. v. Food Inspector. The Kerala High Court noted the lack of a defined laboratory and validated method, and, following Pepsico (and Gopalakrishnan v. Food Inspector), held that the Public Analyst's report is inadmissible as evidence. Consequently, the conviction cannot stand, and the Revision Petition is allowed; the accused is acquitted, bail is cancelled, and he is set at liberty.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The learned counsel for the revision petitioner submitted that since no laboratory for the analysis of the food item was defined and no validated method of analysis was prescribed as per the mandate of Section 23(1-A)(ee) and (hh) of the PFA Act, Ext. P23 cannot be acted upon to hold that the food item purchased by the Food Inspector was adulterated. He relied on the Apex Court’s decision in Pepsico India Holdings (P) Ltd. v. Food Inspector (2011) 1 SCC 176, which held that where laboratories are not notified and tests by such laboratories are not admissible, no prosecution can be based on such report, entitling the accused to acquittal. The respondent-revision court’s reasoning followed this principle, citing Gopalakrishnan v. Food Inspector (2013) (3) KLT 455 to the effect that Public Analyst’s report may be inadmissible where not properly grounded in notified laboratories and validated methods.
Contentions of Respondents
The respondents contended that the evidence of analysis—Exts. P13 and P23—along with the sampling procedure and statutory requirements under the PFA Act should be read together; the reports were admissible and supported conviction; the law requires rigorous analysis, which the prosecution complied with under the applicable rules and the chain of evidence; the law on admissibility of expert reports should not bar the prosecution where the laboratory standards and methods were not properly challenged at trial.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Pepsico India Holdings (P) Ltd. v. Food Inspector | (2011) 1 SCC 176 | Positive | Supreme Court held that if laboratories are not notified and tests conducted by such laboratories are not admissible, no prosecution can be based on such report, entitling the accused to acquittal; the present court applies this principle to acquit. |
| Gopalakrishnan v. Food Inspector | 2013 (3) KLT 455 | Positive | Kerala High Court relied on Pepsico’s principle and held Public Analyst’s report not admissible; affirmed acquittal, with Division Bench later affirming. |
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