STATE OF KERALA Vs. MOIDUNNY

JUDGEMENT

(1.) The State has come up in appeal against the acquittal of the accused, 2 in number, who were prosecuted under S.14 and 16(1C) of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act, convicted and sentenced by the Trial Court, but acquitted by the Sessions Judge in appeal.

(2.) The facts leading to this appeal briefly stated are as follows;- PW. 1 on 25-9-1971 purchased 600 grams of what is purported to be 'Deccan sweets' from PW. 2 who is said to be a person selling beedy and stationeries. At the time of PW. 1 taking the sample PW. 2 gave him a statement, marked for identification as Ext. P6. Ext. P7 notice was issued by PW. 1 to the accused, the first accused being the proprietor of the shop, and the second accused being his son. In Ext. P-6 statement, PW. 2 had stated that the sweets, out of which PW. 1 had taken the sample, was purchased by him from the second accused, who was then at the shop of A1. The prosecution was on the basis that the sale by the accused was without a warranty. It may incidentally be noted that on analysis, it was found that the sample was non adulterated. Reversing the finding of the Trial Court, the learned Sessions Judge held that no case for conviction was made out, and in arriving at his decision, be relied on three circumstances, namely (1) in Ext. P5 bill under which the purchase is stated to have been made by PW. 2 from the 2nd accused, there is no indication that the purchase was by a vendor for sale, (2) the quantity purchased under Ext. P5 is rather small, so much so one need not necessarily take it that the purchase was by a vendor for resale, and (3) Ext. P6 statement and Ext. P7 notice do not indicate that there was a representation by PW. 2 that the purchase by him was as a vendor for sale, ors at least that the accused had known that the purchase by PW. 2 was as a vendor for the purpose of sale.

(3.) S.14 has been inserted in the parent Act by amending Act 49 of 1964 which came into force on 1-3-1965. The section reads as follows;