FOOD INSPECTOR Vs. PICHAYA KONAR PARAMESWARAN

JUDGEMENT

(1.) AGGRIEVED by an order of acquittal of the accused in C. C. No. 311 of 1972 by the Chief Judicial Magistrate, Ernakulam. in a case under the Prevention of Food Adulteration Act, which will hereinafter be called the Act, the Food Inspector of the Cochin Corporation has come up in appeal challenging that order. On September 8, 1971 at about 7 a. m. the Food Inspector, Cochin Corporation (P. W. 1) purchased 660 ml. of buffalo milk for a price of Re. l/- for the purpose of analysis. The mahazar Ex. P-5 was prepared at the spot attested by P. W. 2 and the sample purchased was divided into three equal parts in accordance with the provisions of the Act. One of the samples was given to the accused, another was sent to the Public Analyst and the third one retained by the Food Inspector and later produced in Court. The Public Analyst reported that the sample was adulterated. The accused denied the charge and pleaded not guilty.

(2.) THE learned District Magistrate relying on a decision of the Allahabad High Court reported in 1973 Cri LJ 1413 (All), acquitted the accused.

(3.) SRI M. V. Joseph, learned advocate appearing for the appellant, attacked this order contending that the acquittal is clearly erroneous and cannot be sustained on the facts and in law.