FOOD INSPECTOR THAKAZHY PANCHAYAT Vs. P VISWANATHA PILLAI

JUDGEMENT

(1.) This is an appeal preferred by the State against the acquittal of the accused in CC No. 81 of 1980 on the file of Judicial First Class Magistrate Court, Ambalapuzha.

(2.) The Food Inspector of Thakazhy Panchayat in Alleppey District purchased 600 grams of coffee-chicory mixture from the shop of the respondent. After complying with the necessary formalities the sample was sent to the Public Analyst. Ext. P9 report issued by the Public Analyst shows that coffee-chicory mixture contained only 0.44 per cent of coffeine and 58.6 per cent of aqueous extract. Had the coffee-chicory mixture been unadulterated it should have 0.6 per cent of coffeine and the percentage of the aqueous extract should not have been more than 50. Prosecution was launched against respondent on 11-3-1980 and R.9(A) report was sent to the respondent on 17-3-1980.

(3.) Learned Magistrate acquitted the accused mainly for the reason that the prosecution failed to comply with R.9(A) and S.10(7) and also relied on the decision Augustine and another v. State of Kerala reported in 1973 KLT 509 .