FOOD INSPECTOR Vs. VIDHYADHARAN

JUDGEMENT

(1.) The Food Inspector, Kodungallur Municipality, the complainant ia ST 113 of 1983 on the file of the Judicial Magistrate of the I Class, Kodungallur, has filed this appeal against the order of acquittal of respondents of the offence under S.2(ia) and 7(i) read with S.16(1)(a)(i) of the Prevention of Food Adulteration Act, 37 of 1954 and Rule A.05.08.01 of Appendix B and R.5 of the Food Adulteration Rules, 1955.

(2.) The prosecution case is as follows: On 22-1-1983 at about 9.30 a.m. the appellant visited the shop of A1 which was conducted in Door No. 13/294 of the Kodungallur Municipality. A2 was the salesman. He purchased 500 grams of coriander powder for the purpose of analysis. After complying with the formalities, the sample was sent for analysis. Ext. P10 report of the Public Analyst disclosed that the sample did not conform to the standard prescribed by the Act and the rules and that therefore it was adulterated.

(3.) On the basis of the report a complaint was lodged by PW 1. The matter was intimated to the Local Health Authority. The Local Health Authority sent a copy of the report and notice to the accused. Exts. P2 and P3 are respectively the postal acknowledgments for having received the report. P5 mahazar was prepared at the time of taking sample which was attested by PW 2 the nearby shop owner.