STATE OF KERALA Vs. A N RAMAKRISHNAN NAIR

JUDGEMENT

(1.) THIS appeal is filed by the State against the order acquitting the respondent - accused in a food adulteration case.

(2.) ON 15-10-1963 at about 11 a. m. the Food Inspector attached to the Ettumanoor Panchayat inspected the Cherpunkal Milk Supplies sales Depot and purchased from the accused 24 ozs. of curd out of 18 Edangazhies kept in a jar and exposed for sale, on payment of 50 np. The curd so purchased was as per the rules divided into three equal parts and poured into three clean and dry containers which were duly sealed and labelled. ONe of the packets was delivered to the accused, a second forwarded to the Public Analyst, Trivandrum for analysis and the third produced in court. The analyst certified that the sample contained not less than 50% of added water as calculated from the solids non-fat content and is therefore adulterated.

(3.) DW. 1 the Assistant Secretary of the Cherpunkal Milk supplies Cooperative Society Ltd. , No. K. 83 was cited to prove that the store from which Pw. 1 effected the purchase was a branch of that Society and that the accused was only a committee member of the Society of which the President and secretary were K. V. John & C. L. Sebastian respectively and that the Society was dealing in milk alone and not curd and that the salesman was one V. T. Pathrose. Exts. D-1 & D-2 were also filed to show that the rent of the sales depot at Ettumanoor was being paid by the Secretary of the Cherpunkal society No. K. 83 and the accused was only a member of the governing committee.