FOOD INSPECTOR ALLEPPY MUNICIPALITY Vs. SREEDHARAN NAIR

JUDGEMENT

(1.) THIS is an appeal filed by the Food Inspector, Alleppey Municipality against the judgment of the District magistrate of Alleppey acquitting the two accused who were prosecuted for offence under S. 16 (1) (a) read with S. 7 of the Prevention of food Adulteration Act, 37 of 1954 (hereinafter referred to as the Act ).

(2.) THE first accused is a trader in vegetables, butter etc. , in shop No. 62/4 in Mullakkal ward in the Alleppey town. THE second accused is a servant under him. On 19-2-63 , Pw-1 a Food inspector visited the shop of the accused and purchased 375 grams of butter from a stock of butter stored and exhibited for sale in the shop. THE price was paid to the second accused and after observing all formalities the article was sampled and one sample was sent to the public analyst for analysis. THE mahazar regarding sampling was signed by the second accused and the attestor s. In the report of the Analyst Ex-P4 the result of analysis is shown as follows: And he has given his opinion that the sample contained 5% of excess moisture and was therefore adulterated.