NARAYANA SWAMI Vs. FOOD INSPECTOR

JUDGEMENT

(1.) The petitioners who are the accused in C.C.No.442/2002 in the file of the Judicial First Class Magistrate, Ranni with respect to the offences under S.2(1a)(1), 7(1) read with S.16(1A)(1) of The Prevention of Food Adulteration Act, have sought for setting aside the proceedings alleging that the petitioners have been deprived of the opportunity provided in the statute vide S.13(2) to get the sample analysed by the Central Food Laboratory. It is the case of the petitioners that the manufacturing date of the sample, i.e. bottled water herein is 17/10/2001 and it is displayed in the packing as to use as best before six months from the date of packing. The above period expired on 15/04/2002. The complaint has been filed on 27/05/2002 as is evidence from Annexure-A copy of the complaint. Annexure-C notice under S.13(2) has been issued on 05/06/2002. Hence evidently the prosecution has been launched beyond the period specified on the bottle for use as best before which expired on 16/04/2002. Subsequent request to get the sample tested at the Central Food Laboratory would have served no purpose. Hence, the accused was seriously prejudiced in their defence. Further more, the only violation with the standard i.e., as contained in Appendix-B, with respect to packed drinking water, P.H. value is noted as 6.02 whereas P.H. value as per the specification is 6.5 to 8.5. The rest of the ingredients noted in Annexure-B report of the Public Analyst comply with the above standard.