FOOD INSPECTOR Vs. SUWERT AND DHOLAKIA P LTD

JUDGEMENT

(1.) The appellant is the Food Inspector of Cochin Corporation. The appeal is against the order of acquittal of the four accused in C. C. No. 10 of 1977, on the file of the Additional Judicial Magistrate, First Class, Ernakulam.

(2.) The first accused is a company by name "Seiwert and Dholakia Private Ltd.", represented by its Managing Partner. The second accused is the Managing Partner of the company. The third accused is the Godown Keeper of the first accused company. The fourth accused is the National Tea Distributors, Willington Island, the concern, which is stated to have sold tea to the second accused as per debit notes.

(3.) The case of the complainant is as follows: On 27-10-1976 at 9.30 a. m. Pw-1, Food Inspector, visited the godown of the company situated in Willing-ton Island. He purchased four samples from the stock of tea kept in the godown from the third accused godown keeper. Of the samples taken one was in respect of tea by name "Glen rock", the second was from "Thankakanam B. A. F. Tea", and the third was from "Blended B. P. Tea". The fourth was from "Rockmound B. P. F. Tea". The samples were assigned the numbers 154 to 157. After following the formalities prescribed under the Prevention of Food Adulteration Act the samples were sent for analysis. The samples, other than the blended tea (No 156), were found to consist of mixtures of tea and tea-waste. They did not conform to the standard fixed for tea in the Prevention of Food Adulteration Rules. Ext. P8 series are the reports of the Public Analyst in respect of the adulterated samples and Ext. D1 is the report in respect of the Blended B. P. Tea. A complaint was thereafter filed alleging offences punishable under S.2(1a)(m), 7(1) and 14A and 17 and 16(1A) I and II of P.F. A. Act 37/54 as amended by Act 34/1976 (for short the Act) read with R.5 Appendix A. 14 of the PFA Rules, 1955.