FOOD INSPECTOR Vs. GOVINDAN

JUDGEMENT

(1.) THIS appeal filed by the State challenges an order of acquittal of the respondent, the first accused, in a case under the Prevention of Food Adulteration Act, hereinafter called 'the Act', passed by the additional Sessions Judge, Tellicherry, in Crl. Appeal No. 94 of 1977.

(2.) THE case against the respondent was that at 9. 15 a. m. on April 4,1975, Pw. I, the Food Inspector, purchased 660 ml. buffalo Milk from the respondent out of a can containing 15 litres of buffalo milk, which he had brought for sale in the tea-shop run by one Kunhandan Nambiar, after complying with the due formalities under the Act and that the sample purchased was, on analysis, found to be adulterated. It was after serving Form VI notice on the respondent that Pw. l effected the purchase. Ex. P2 is the cash voucher issued by the respondent acknowledging the receipt of the price and Ext. P3 is the mahazar prepared on the spot attested by witnesses. As per Ex. P5, the report of the Public Analyst, the sample did not conform to the standard prescribed for buffalo milk and in addition it contained 35% of added water.

(3.) THE trial court on a due consideration of the evidence adduced by the prosecution found it reliable, accepted the same and held the first accused guilty of the offence punishable under S. 16 (1) (a) (i) read with s. 7 (1) of the Act, and convicted and sentenced him thereunder to suffer simple imprisonment for six months and to pay a fine of Rs. 1000/-or in default to suffer simple imprisonment for four months. THE second accused who was said to be the owner of the milk was acquitted.