K R GOPINATHAN NAIR Vs. T N ITTYAVIRAH

JUDGEMENT

(1.) The Food Inspector, Kottayam Municipality, is the appellant, the complainant before the District Magistrate's Court, Kottayam. The" offence against the accused was that he sold adulterated cow's milk, being below the prescribed standard. The Food Inspector added 18 drops of 'formalin' as preservative to the milk purchased by him and sent it for analysis. On analysis it was found to be adulterated in as much as it fell short of the prescribed specification.

(2.) The learned District Magistrate found that the evidence of P. W. 1 was not corroborated by Pw. 2, that Pw. 2 is not an independent witness and is susceptible to the influence of Pw. 1, and hence there is a violation of S.10 of the Act. It was also held that the report of the public analyst, Ext. P8, cannot be relied upon, as the quantity of preservative used was more than the prescribed maximum. On these findings, the learned Magistrate acquitted the accused. It is against this acquittal that this appeal is filed.

(3.) The only question which needs consideration in this case is whether the adding of an excess quantity of preservative has made Ext. P5 report of the Public Analyst inadmissible or unreliable.