ANIL Vs. CHIEF FOOD INSPECTOR

JUDGEMENT

(1.) ACCUSED in C. C. 131 of 1987 on the file of the Judl. First Class magistrate, Chengannu r is the revision petitioner. Hewas tried for various offences under the Food Adulteration Act and found guilty of offence punishable under S. 16 ( ia ) ( i ) of the Act and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000 /- in default of payment of fine to undergo rigorous imprisonment for three months.

(2.) THE prosecution case is that on 24-1-1985 at about 1. 30 p. m. the Chief Food Inspector Mobile Vigilance Squad, Trivandrum purchased 900 gram milk ice from the shop of the accused. THE Food Inspector after completing the legal formalities prepared three samples and one such sample was sent to the Public analyst and it was reported that the sample did not conform to the standard prescribed for milk ice. THE accused was later prosecuted and he was given notice under S. 13 (2) of the Act. THE accused filed application under S. 13 (2-A) for sending the sample to the Central Food Laboratory. THE Central Food Laboratory analysed the sample and issued a certificate. But the case records show that the certificate issued by the Central Food Laboratory was not marked and was not considered by the trial Magistrate and the accused was found guilty as aforesaid.