FOOD INSPECTOR , SHERTALAI MUNICIPALITY Vs. J. ARUMUGHOM CHETTIAR

JUDGEMENT

(1.) This revision petition has been filed by the Food Inspector, Shertalai Municipal Council for enhancement of the sentence awarded to the respondent by the Additional First Class Magistrate, Shertallay in C.C. 193/65. The petitioner who has been examined as pw. 1 in the case filed a complaint against the respondent as accused No. 2 and another person who is said to be his servant as accused No. 1 charging both of them with an offence under S.7(i) of the Prevention of Food Adulteration Act, 1954, (hereinafter referred to as the Act) read with S.16(1)(a)(i) of the Act. The first accused could not be apprehended; and, therefore, the trial was made against the second accused, namely the respondent. The learned magistrate found the respondent guilty of the offence charged against him, and sentenced him to pay a fine of Rs. 1,000/- and in default to undergo Simple Imprisonment for three months.

(2.) The respondent was, at the relevant time, the Contractor for supply of milk to the Government Hospital at Shertallay. On 16-3-1965 pursuant to this contract, he sent a copper pot of milk to the hospital out of which a sample was purchased by pw. 1 for analysis under the Act. Action was taken by him as required by the Act; and one part of the sample was sent for examination to the Public Analyst. Ex. P-5 is the report of the Analyst, which shows that the sample sent for him for examination contained not less than 30 per cent of added water, and it was deficient in fat by 96 per cent. The learned Magistrate held on the evidence before her that the respondent was the person who sent the milk through the first accused, from which stock pw. 1 purchased the sample for analysis. The learned Magistrate also stated that the offence was of a very serious nature; and it amounted even to a great sin committed against humanity. After stating these reasons, she awarded the sentence as already mentioned.

(3.) The learned counsel for the petitioner drew my attention to S.16(1) of the Act which reads as follows: