FOOD INSPECTOR TRICHUR MUNICIPALITY Vs. DEVADAS

JUDGEMENT

(1.) The Food Inspector of the Trichur Municipality has filed this appeal against the order of the Sessions Judge acquitting the respondent of the charge of having sold adulterated butter to the Food Inspector. The butter when analysed by the Public Analyst, Kerala was found adulterated as the milk fat content was only 77.9 per cent as against the prescribed standard of 80 per cent and contained 21 percent of moisture i. e., 5 per cent in excess of the prescribed 16 per cent.

(2.) The sample was taken on 2nd September 1964 and the report of the Public Analyst is dated 22nd October 1964. However the complaint was filed in court only on 13th June 1965 after the lapse of nearly eight months. On 23rd August 1965 the accused applied to the court for sending the sample retained by the Food inspector to the Director of Central Food Laboratory, Calcutta. However the accused was denied the benefit of that analysis as the Director reported that the sample was highly decomposed and could not be analysed.

(3.) The learned Judge held that the long delay in filing the complaint has prejudiced the accused by depriving him of the right of testing the correctness of the Public Analyst's report by getting the butter analysed by the Central Food Laboratory and taking the view that it is not fair to convict an accused whose rights were prejudicially affected by the laches of the prosecution, acquitted him.