FOOD INSPECTOR Vs. V VELAYUDHAN

JUDGEMENT

(1.) Crl. Appeal No. 235 of 1983 & 243 of 1983 have been filed challenging the acquittal of the accused in STC 76 of 1982 and 32 of 1982 respectively on the file of the Chief Judicial Magistrate, Palghat. Common grounds have been urged in both these appeals and hence they were heard together.

(2.) In STC 76 of 1982 the complainant, Food Inspector, Palghat Municipality, purchased 600 grams of coffee-chicory blend from the accused on 6-10-1982. The accused had been conducting 'Metro Coffee Works' in the building bearing door No. 1/418 within the Palghat Municipality. The Food Inspector after complying with the necessary formalities sent the sample to the Public Analyst. Ext. P13 report of the Public Analyst dated 16-11-1982 showed that the sample did not conform to the standard prescribed for coffee-chicory blend and was therefore adulterated. Ext. P15 intimation under S.13(2) of Prevention of Food Adulteration Act was sent to the accused on 2-12-1982 itself and the same is seen acknowledged by Ext. P16 document on 4-12-1982. The complaint against the accused was filed on 2-12-1982.

(3.) In STC 32 of 1982 the Food Inspector, Palghat purchased 750 ml. of cow's milk from the accused on 8-6-1982. The sample was forwarded to the Public Analyst for analysis and the Public Analyst reported that the sample did not conform to the standard prescribed for cows milk under the Prevention of Food Adulteration Rules, 1955 and therefore it was adulterated. The complainant received the report of the Public Analyst and filed the complaint in court against the accused on 9-7-1982. Ext. P14 is the intimation issued to the accused under S.13(2) of the PFA Act. Ext. P14 intimation dated 7-7-1982 is seen to have been received by the accused on 10-7-1982 as per Ext. P16 acknowledgement.