FOOD INSPECTOR Vs. ANANTHA PADMANABHAN

JUDGEMENT

(1.) The Food Inspector, Tripunithura Municipality, the complainant in S.T.No.787 of 1980, on the file of the Additional Judicial First Class Magistrate's Court - I, Ernakulam, is the appellant in this appeal. He challenges the order of acquittal passed by the learned magistrate.

(2.) The accused was charged under S.2(1a) (m), 7(i) and 16(ia) of the Prevention of Food Adulteration Act read with appendix B.A. 11.0208 of the Prevention of Food Adulteration R.1955. The allegation against the accused is that the Food Inspector purchased 900gms of Ice-cream from the accused who is conducting a hotel in the name and style of 'Bharath Cafe' at about 11.30 a.m. on 9-10-1980 for the purpose of analysis. The said Ice-cream was duly sampled into three parts as per the provisions of the Act and the Rules. One sample was sent to the Public Analyst for analysis. The Public Analyst reported that the sample was adulterated. On getting that report prosecution was launched against the accused. Notice and intimation under S.13(2) of the Act were sent to the accused. On getting that notice he applied to court for sending one other sample to the Central Food Laboratory, Mysore. The court sent the sample and the Director of the Central Food Laboratory examined the said sample and gave the certificate which also showed the Ice-cream was adulterated.

(3.) On the side of the prosecution PWs 1 to 3 were examined and Exts. P1 to P15 were proved. The learned magistrate without any discussion of the evidence observed: