FOOD INSPECTOR PALGHAT MUNICIPALITY Vs. P SUBRAMONIAN

JUDGEMENT

(1.) The Food Inspector, Palghat Municipality has come up in appeal against the acquittal of the respondent by the Chief Judicial Magistrate, Palghat in S.T.C. No. 9 of 1981. The complaint filed by the appellant was for violation of R.44(g) and 47 of the Prevention of Food Adulteration Rules read with S.7(i) and made punishable under S.16(1)(a)(i) and (ii) of the Prevention of Food Adulteration Act for having manufactured for sale and sold adulterated ice-candy in the form of stick.

(2.) Acquittal was on the sole ground that the sample is not an item of Food as defined in the Prevention of Food Adulteration Act and hence even though it contained prohibited sweeteners, no offence is made out. That finding was based on the principles laid down in a Single Bench decision of this Court in Babu v. Food Inspector, Tiruvalla Municipality ( 1981 KLT 75 ). That case also dealt with adulteration in respect of ice-candy. It was held therein:

(3.) The correctness of the above decision was doubted by a learned Single Judge before whom the appeal came up for arguments. Hence this matter was referred to us.