SASI Vs. FOOD INSPECTOR PALGHAT MUNICIPALITY

JUDGEMENT

(1.) Accused who was convicted under S.16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter called as the Act) and was sentenced to undergo simple imprisonment for 6 months and to pay a fine of Rs. 100/- in default of payment of fine to suffer simple imprisonment for a further period of one month is the petitioner.

(2.) The allegations made against the petitioner are as follows:-The Food Inspector, Palghat Municipality purchased skimmed milk for the purpose of analysis from the petitioner at 8 a.m on 28-10-80. The purchase, sampling etc. were conducted in accordance with the provisions of the Act and the Rules framed thereunder. One sample was sent to the Public Analyst for analysis. The Public Analyst reported that the sample did not conform to the standards prescribed for skimmed milk and that it contained not less than 41 percent of added water. Hence the prosecution.

(3.) In order to prove the prosecution cate P.Ws 1 to 4 were examined and Exts. P1 to P15 were proved. P. W. 1 is the Public Analyst, P. W. 2, the Food Inspector, P. W. 3 attestor to the mahazar and P. W. 4, an employee of the Palghat Municipality who was present with the Food Inspector.