FOOD INSPECTOR PERINADU Vs. NARAYANAN NAIR

JUDGEMENT

(1.) This is an appeal against acquittal in a case coming under the Prevention of Food Adulteration Act, hereinafter called the Act. The respondent herein who was the second accused before the Trial Court was tried for an offence punishable under S.16(1)(a) read with S.2 and 7 of the Act and the Rules framed thereunder, on a charge that, on August 1, 1977 at about 2.30 p.m., he sold 675 ml. of cow milk to PW 1, the Food Inspector, which on analysis, was found to be adulterated as per Ext. P-5, report of the Public Analyst.

(2.) The respondent denied the commission of any offence as alleged and pleaded not guilty.

(3.) The Trial Court acquitted the respondent following a decision of the Allahabad High Court reported in Sultan Sha v. State ( 1973 CriLJ 1413 ) on the ground that the fact that the fat content found in the cow milk sold is much higher than the minimum prescribed leads necessarily to the inference that no water is added to the milk and in such a case the mere circumstance that the non fatty solid content is below the prescribed standard warrants the only inference that either the cow in question was not given the proper feed or that the report of the Public Analyst was erroneous. The acquittal was based also on the ground that there has been violation of S.10(7) of the Act as PW 2 examined in the case was not an independent witness.