K R GOPINATHAN NAIR Vs. JACOB KURIAN

JUDGEMENT

(1.) THIS appeal by the Food Inspector of the Kottayam Municipality is against the acquittal of respondents 1 and 2, who were alleged to have committed an offence Under Section 7 (1) read with B. 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954 ).

(2.) P. W. 3, the then Food Inspector of the Municipality, visited the Boda fountain conducted in the name and style of 'jacobs Aerated Waters, Kottayam,' of which the 1st respondent was the manager and the 2nd respondent the owner, at about 10 A. M. on 27-3-69, when he made a demand to purchase 9 bottles of "orange Blood," which was kept for sale. The 1st respondent, therefore, sold 9 bottles of the "orange blood" for Rs. 2. 25 under Ext. PI voucher. Ext. P2 notice had been issued to the respondents at the spot alleging that he had to send the sample to have the same analysed by the Public Analyst. Thereafter, P. W. 3 poured out the contents of the 9 bottles into an aluminium vessel, which was supplied to him by P. W. is, who was an employee of the concern. After mixing the contents in the aluminium vessel, they were separately poured into 3 bottles and they were closed, locked and sealed. One of suoh bottles was given to the 1st respondent, one was sent to the court and the third was sent to the Public Analyst. M. O. 1 is the sample bottle sent to the court. P. W. 3 then prepared Ext. P3 mahazar and Ext. P5 memorandum at the spot. Ext. P4 is the label affixed on each of the sample bottles 'of "orange blood. " Ext. P4 label is read as follows: JAC0bs Orange blood Contains: permitted flavour, colour preservatives, saccharine B. P. , and sugar. Refilling and setting by others in this bottle will be prosecuted. The Public Analyst in his report, Ext. P6, declared the results of the analysis as follows:

(3.) THE respondents 1 and 2 denied the charge and stated that they are not guilty of any offence.