FOOD INSPECTOR, THODUPUZHA MUNICIPALITY Vs. P.G. GHANBEACHAN

JUDGEMENT

(1.) This is an appeal against the acquittal of the accused in C.C. No. 44 of 1984 in the file of Chief Judicial Magistrate, Thodupuzha. The Food Inspector, Thodupuzha Municipality is the defacto complainant. He visited the shop "Thushara Cool Home" on 14-2-1984. He found the accused carrying milk in the plastic can. It approximately contained 10 litres of milk. The complainant served form No. 6 notice with the accused and purchased 660 ml. of milk. After complying with the necessary formalities the samples were taken and one such sample was sent to the Public Analyst. The Analyst after examining the sample issued Ext. P. 9 report and it showed that the milk purchased from the accused was adulterated. Prosecution was launched against the accused and the report also was served on him.

(2.) The appellant on receipt of notice under section 13(2) of the Act filed an application before the Court and caused one sample to be sent for analysis to Central Food Laboratory. Ext. D-1 is the certificate issued from the Central Food Laboratory.

(3.) On the side of the prosecution P.Ws. 1 to 3 were examined and Exts. P-1 to 12 were marked. The learned Magistrate acquitted the accused mainly for the reason that Ext. D-1 report only showed some marginal deficiency and that there was no actual deficiency of the ingredients of the milk. This finding is challenged in the appeal.