FOOD INSPECTOR Vs. JOSE

JUDGEMENT

(1.) The Food Inspector of Alwaye Municipality (Pw.1) visited "Pulpattu Stores" at Alwaye on 22-1-1981 and took a sample of 600 gms. of "coffee chicory mixture" from the salesman of the store (A2). The food article purchased was contained in 51 packets. pw. 1 divided the packets into three parts, each part comprising of 17 packets. He wrapped them and sealed them in accordance with the Rules. When one of the parts of the sample was analysed by the Public Analyst, it was found that the sample did not conform to the standards prescribed for coffee chicory mixture. A complaint was filed against the proprietor of the shop (A1) and salesman of the shop (A2). The dealer who is alleged to have sold the aforesaid food article to the vendor was shown as A3 in the complaint The case was tried as against all the three accused, but the Magistrate on conclusion of the trial acquitted them. Hence this appeal by the Food Inspector with leave granted by this court.

(2.) The Report of the Public Analyst shows that the sample was adulterated as it did not conform to the standards prescribed in respect of two constituents, coffeine and aqueous extract. There was only 0.2 percent coffeine as against the minimum requirement of 0.6 per cent. But aqueous extract was found to be 52.6 per cent as against the maximum of 50 per cent permitted by the prescribed standards. (Vide item A.08.03 of Appendix B of the Rules). id the light of the aforesaid report of the Public Analyst no contention was raised that the sample was not adulterated

(3.) The acquittal of the accused was on two grounds. The first is that the sample was not divided by the Food Inspector in accordance with S.11(1)(b) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act') inasmuch as be did not mix the contents of the 51 packets before dividing the sample into three parts. The second is that the Local (Health) Authority did not forward a copy of the report of the Public Analyst immediately after the institution of the prosecution as required under R.9A of the Prevention of Food Adulteration Rules (for short 'the Rules').