FOOD INSPECTOR Vs. SANKARAN

JUDGEMENT

(1.) This is an appeal preferred by the Food Inspector attached to Thirumittacode Panchayat against the acquittal of the accused in S.T. case No.337 of 1988 on the file of the Judicial Magistrate of the I Class, Pattambi.

(2.) On 3-12-87 at about 11.30 a.m. the Food Inspector purchased 6 packets of turmeric powder each weighing 10 grams. Three samples were made out of these six packets and Ext. P2 mahazar was prepared. As each packet was identically labelled the sealed packets were not opened and the contents were not mixed. One sample consisted of 2 packets and the sample was sent to the Public Analyst in a sealed cover. The Public Analyst examined the samples and found that the samples contained not less than 15% of corn starch. The copy of the report was sent to the accused and later prosecution was launched against him.

(3.) On the side of the prosecution Pw.1 to 5 were examined. The accused contended that turmeric powder was not a food article, but it is used as a cosmetic substance. On behalf of the accused it was further contended that the Food Inspector violated 311(1)(b) of the Prevention of Food Adulteration Act, as the Food Inspector did not mix the contents of the packets and then divide the same into three samples. This plea was accepted by the court below and the accused was acquitted. The finding of the learned Magistrate is challenged by the complainant.