FOOD INSPECTOR ALLEPPEY MUNICIPALITY Vs. K SUKUMARAN

JUDGEMENT

(1.) The Food Inspector Alleppey Municipality has preferred this appeal against the order of acquittal passed by the District Magistrate, Alleppey in a Criminal prosecution under S.7 and 16 of the Prevention of Food Adulteration Act (referred to as the Act).

(2.) On 27-10-1971 at about 9.15 a. m., the Ist Respondent accused was taking a quantity of buffalo milk to the State Transport Canteen in Alleppey town. After complying with the requisite formalities and requirements under the Act, Pw. 1 the Food Inspector purchased 660 mlls, of the milk from the Ist Respondent for a price under Ext. P2 voucher. On analysis of the sample thus taken, duly made and completed, the sample was found to be adulterated. These facts have been found by the District Magistrate and have not been disputed.

(3.) In his statement under S.342 of the Criminal Procedure Code, the 1st Respondent denied that he was a milk vendor. In the cross examination of Pw. 2, the Manager of the Canteen, it was suggested that he had contracted to purchase the milk from one Pareed Kunju and from Asoka Bakery, and that the Ist Respondent accused carried the milk to the Transport canteen as per his directions and had no authority to sell the milk, and was not a milk vendor. The Trial Court found that the 1st Respondent accused was a mere carrier of the milk and was taking the milk to the transport canteen as per the directions of the Canteen Manager, and did not have any authority to sell the article. It concluded thus: