STATE OF KERALA Vs. K S BALAKRISHNAN

JUDGEMENT

(1.) Against the judgment of the Additional First Class Magistrate's Court, Ottappalam, in C. C. No. 85 of 1971, a case under the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act, the Food Inspector, Mannarghat, has come up in appeal as the accused therein was acquitted. Pw. 1, the Food Inspector, purchased 300 grams of coffee powder on 20 7 71 from the accused which, on analysis was found to be adulterated and hence the prosecution. ,

(2.) The only question that falls for consideration in this case is the construction of R.22A of the rules framed under the Act. The case of the accused is that the coffee powder purchased by Pw. 1 which was in three packets, each containing 100 grams, was not mixed together when it was sent for analysis and hence the result of the analysis cannot be acted upon.

(3.) The learned Magistrate held relying on AIR 1962 Punjab. 419, that the sampling was not proper and hence acquitted the accused. The need for mixing up the three packets, according to him, is to ensure check and counter' check so that the interests of the accused will not suffer. It is this finding that is the subject matter of attack by the appellant, the Food Inspector.