FOOD INSPECTOR Vs. INDIAN MEDICAL PRACTITIONERS CO-OPERATIVE

JUDGEMENT

(1.) This is an appeal against acquittal. The appellant the Food Inspector, Kozhikode Municipality had filed a complaint under the Prevention of Food Adulteration Act (Central Act 37 of 1954) against the Secretary and Branch Manager of the Calicut Cooperative Stores Ltd. The case against them was that they sold adulterated honey. As the honey was seen to have been purchased by the Calicut Cooperative Society from the Indian Medical Practitioners Cooperative Pharmacy & Stores Ltd., Adayar, Madras under a written warranty of purity a separate case was filed against that company represented by its Secretary. Both the cases were tried together by the District Magistrate, Kozhikode, who while acquitting the accused in the first case [C.C. 332 of 1959] convicted the accused in the second [C.C. 333 of 1959] under S.16 [g] read with S.19 of the Food Adulteration Act and sentenced him to pay a fine of Rs. 300/- or in default to undergo simple imprisonment for three months. The judgment was taken in appeal before the Kozhikode Sessions Judge who reversed the conviction and sentence on the ground that it was not proved beyond reasonable doubt that the honey itself was adulterated and if adulterated by whom it was done. This appeal is against the above order.

(2.) The main point urged by the appellant is that the finding of the learned Sessions Judge that the honey has not been proved to be adulterated is unsustainable.

(3.) Clause A. 07.03 in Appendix B of the Rules under Prevention of Food Adulteration Act (hereinafter referred to as the Act) defines honey and fixes its standard of quality as follows:-