FOOD INSPECTOR, CANNANORE Vs. MUSTAPHA

JUDGEMENT

(1.) THE Food Inspector of the Cannanore Municipality has filed this appeal after obtaining special leave under section 417(3)Cr.P.C .,against the judgment of the District Magistrate,Tellicherry acquitting the respondent -accused who had been prosecuted for an offence under section 16 read with section 7 of the Food Adulteration Act.

(2.) ON the morning of 30th May 1962 P.W.1 the Food Inspector visited the shop of the accused and found among the articles exposed for sale a glass jar containing lozenges.He purchased 225 grams of lozenges and paid its price.Ex.P -1 is the receipt granted by the accused.It was duly sampled and form VI notice Ex.P -2 was served on the accused,and his acknowledgment was obtained.P.Ws.2 and 3 who were present and witnessed the sampling have a also attested Ex.P -2.One part was sent to the Public Analyst and his report Ex.P -3 showed that the sample lozenges contained non -permitted rose coaltar -dye and as such was adulterated.The sale of lozenges by the accused and that they were adulterated is amply proved and is in fact not disputed.

(3.) THE accused produced Exx.D -1 and D -2 dated 28th December 1963 and 29th January 1964 purporting to be warranties given by M/s.Cohinoor Confectionary Company,Madras.This is long after the sample was taken on 30th May 1962 and it is not contended that the provisions of section 19(2)have been complied with.There is also no evidence that written notice was given either to the Food Inspector or to the person who had issued the warranty.So Exx.D -1 and D -2 do not help the accused.