C JANARDHANAN NAIR Vs. A MOHAMMADKUNJU

JUDGEMENT

(1.) THE State is aggrieved by the judgment of acquittal of the judicial Magistrate of the First Class, Changanacherry in S. T. No. 58 of 1978 wherein the present respondent was charged under Section 7 (1) and 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (for short the act) read with Section 7 (1) (a) and Item A. 05. 09 of Appendix B of the Prevention of Food Adulteration Rules, 1955 (for short the Rules ).

(2.) P. W. 1, the Food Inspector Changanacherry Circle laid the complaint against the respondent under the above provisions of the Act and rules alleging that on 6-12-1977 at about 1. 30 p. m. he went to the provision shop belonging to the respondent near Pathanad junction of Kangazha Panchayat and after satisfying the formalities required by law, purchased a sample of cumin seeds from the respondent and dealt with the sample in accordance with the provisions of law. One of the samples sent to the Public Analyst brought forth the report, Ext. P-5, in which the Public Analyst stated that the sample does not conform to the standards prescribed for cumin seeds. After observing further formalities required, complaint was filed.

(3.) THE report of the Public Analyst shows that the sample contains 77. 7% by weight of cumin seeds, 1. 8% by weight of extraneous matter including dust, stones, lumps of earth, chaff, stem or straw and 20. 5% by weight of seeds other than cumin seeds. THE Public Analyst has further reported that the sample does not conform to the standards prescribed for cumin seed and is therefore adulterated.