DAMODARAN Vs. ABDULLA KUNHI

JUDGEMENT

(1.) This appeal is directed against the order of acquittal of accused in ST 1555 of 1984 on the file of the Judicial I Class Magistrate's Court, Kasaragod. The respondents were sent up for trial of offence under S.16(1)(a)(i)(ii) read with S.7(1)(ii)(v) and S.2(ia)(a)(c) and S.2(ix)(g) of the PFA Act.

(2.) The defacto complainant is the food inspector of Kasaragod Municipality. On 17-8-1987 at about 9. 30 a.m. he inspected "Tuahira Medicals", Kasaragod and purchased 9 packets of arrow root powder. After the completion of the necessary formalities this food item was sent for analysis and the Public Analyst issued Ext. P15 report. The report showed that the article of food consisted of only tapioca starch and therefore it was adulterated.

(3.) The first and 2nd accused are the owners of the medical shop. The first accused stated that he purchased this arrow root powder from the 3rd accused under Ext. D1 bill. The 3rd accused stated he purchased the arrow root powder from the 4th accused under Ext. D2 bill. The 4th accused, namely, M/s. Gupta Pharmaceutical, produced Exts. D5 to D7 bills and contended that they had purchased these food articles from Sanjay Chemicals, Bangalore and that they were entitled to the protection under S.19(2) of the PFA Act. Before the 4th accused was made a coaccused in this case, a notice was issued to them, for which they sent a reply (Ext. D4 dated 1-10-1984) stating that they had purchased the article from Sanjay Chemicals, Bangalore. The Court below acquitted all the accused for the reason that the prosecution had not taken any steps to make Sanjay Chemicals, Bangalore as a coaccused under S.20A, of the PFA Act and that all the accused were entitled to the protection under S.19(2) of the Act.