FOOD INSPECTOR CHANGANACHERRY Vs. AUGUSTY

JUDGEMENT

(1.) Food Inspector, Changanacherry Municipality is the appellant. He filed the complaint against the respondent (accused) alleging that he sold tea dust on 27-10-1981 and that on analysis it was found to be adulterated. Trial Court found him guilty and convicted and sentenced him. Sessions Judge allowed the appeal and acquitted the accused.

(2.) The learned Sessions Judge agreeing with the Trial Court held that the Food Inspector has strictly complied with the provisions of the Prevention of Food Adulteration Act and Rules and that there is nothing to show that he has violated any of the provisions of the Act or Rules.

(3.) Sessions Judge acquitted the accused mainly on the ground that he was denied of a very valuable right of proving warranty in his favour as the additional second accused was discharged. On the motion of the accused owner of Thoompumkal Traders viz., Aliamma Joseph was impleaded in the proceedings under S.20A of the Act. She entered appearance and produced a book containing the carbon copy of the bills. On going through it the learned Magistrate held that there is no prima facie ground to proceed against the second accused. Thereupon the second accused was discharged under S.245(2) of the Crl. P.C.