FOOD INSPECTOR Vs. SUBRAMANIAN

JUDGEMENT

(1.) Who effected the sale Is it PW.1 - the employee who handed over the sample to the Food Inspector or is it the respondent/1st accused, allegedly the Managing Partner, who received Form VI notice, received the price thereof, signed in Ext. P1 mahazar and also signed on the sample as required under the P.F.A. Act/Rules. This is the crucial question that arises for consideration in this appeal against an appellate judgment of acquittal in a prosecution under S.16(1)(a)(i) of the P.F.A. Act.

(2.) Initially, there were two accused. The respondent herein was arrayed in dual capacity as accused in the proceedings initiated by the Food Inspector. He was present in the shop when the sale was effected. According to the Food Inspector, the establishment is a partnership firm by name Viswam Agencies. The 1st accused is the Managing Partner of the said partnership Viswam Agencies. He also represents the partnership, the second accused, in his capacity as Managing Partner. When the Food Inspector went to the shop at 1 p.m. on 30.11.87, the 1st accused was present in the shop. The Food Inspector demanded sample of ground nut oil. He issued Form VI notice. Thereupon, PW 1- an employee, handed over the sample. The 1st accused received the price thereof. Ext. P3 is the Form VI notice and Ext. P4 is the voucher. Mahazar was prepared by PW 3 - Food Inspector. The 1st accused had signed in the mahazar also as the Salesman cum Managing partner. In the mahazar - Ext. P1, PW 1, who handed over the sample, was also asked to sign. On the sample the first accused had signed as vendor.

(3.) On analysis, the Public Analyst reported and the Central Food Laboratory confirmed that the sample was adulterated. Observing all procedural formalities, the prosecution was launched against both the accused 1st accused in his individual capacity as one who has sold the article and 2nd accused the licenced partnership firm which runs the establishment Viswam Agencies represented by the first accused, its Managing Partner.