FOOD INSPECTOR THODUPUZHA CIRCLE Vs. JAMES N T

JUDGEMENT

(1.) The complainant - Food Inspector has preferred this appeal challenging the judgment of the Chief Judicial Magistrate, Thodupuzha dated 28.2.1994 in C.C. No. 57/1989 acquitting the accused.

(2.) Two accused persons, father and son were prosecuted for the offences punishable under S.2(ia) (a), (f), (m) and 7(i) read with S.16(l)(a)(i) of the Prevention of Food Adulteration Act and R.5 appendix B, A. 18.06 of the Prevention of Food Adulteration Rules alleging that at 10.40 am on 13.2.1987 they being the licensee and salesman of the shop conducted in door No. 17/3 of Kumaramangalam Panchayath exhibited for sale insect infested peas dhal unfit for human consumption and as such they committed the offences alleged against them.

(3.) That complaint preferred by the Food Inspector, Thodupuzha Circle, Idukki district was taken on file by the court as C.C. 57/89 and proceeded with the trial of the case as in a warrant case instituted otherwise than on a police report and after examining some of the witnesses framed charge against the accused who are the respondents herein. Admittedly the respondents are father and son and while the father was the licensee of the shop the son was salesman. The lower court after trial found that the prosecution has not succeeded in establishing that the respondents have committed the offences alleged against them and therefore, they are acquitted and set at liberty by the impugned judgment.