STATE OF KERALA Vs. SUBRAMONIAN

JUDGEMENT

(1.) This is an appeal filed by the State against an order of acquittal in a case under the Prevention of Food Adulteration Act, 1954 (hereinafter called the Act).

(2.) The respondent, the accused in the case was tried by the Sub Divisional (Judicial) Magistrate, Neyyattinkara, for an offence punishable under S.7 read with S.10(1)(a)(i) of the Act on the allegation that on January 22, 1976 at 215 p. m. he sold to the Food Inspector (Pw. 1) 450 grams of cumin seeds out of a larger quantity kept in his shop for sale and the same was, on analysis, found to be adulterated. As per Ex. P5, the report of the Public Analyst, the sample did not conform to the standard prescribed for cumin seed and was therefore adulterated. The respondent pleaded not guilty to the charge framed against him. In the course of the trial the sample given to the accused by the Food Inspector was sent through court for analysis to the Central Food Laboratory, Calcutta. Ex. Dl is the certificate issued by the Director of the Central Food Laboratory. The learned Sub Divisional Magistrate holding that there was conflict and variation between Ex. P5 and Ex.D1, acquitted the accused.

(3.) Attacking this order of acquittal, the learned Public Prosecutor contended that the reasoning given by the Trial Court for the acquittal is palpably wrong and unsustainable in law and on the facts, that as per Ex. D1 which has superseded Ex. P5, the sample was adulterated under S.2(i)(f) of the Act and that therefore the order of acquittal has to be set aside and the respondent be convicted for the offence with which he was charged.