PUBLIC PROSECUTOR Vs. ANNAVARAPU RAMASUBBA RAO

JUDGEMENT

(1.) This appeal is filed by the State of Madras against the order of acquittal of the respondent for an offence under Section 5 (1) (a) and (d) read with Rule 36 framed under Section 20 (2), Madras Prevention of Adulteration Act, Madras Act III [3] of 1918, as amended. The case against the accused is that accused l offered for sale, through his salesman, Article 2, coffee powder adulterated with wild date seeds at about 8.46 A. M. on 31st July 1948. P. W. 1 went to the shop where coffee powder was exposed for sale and got a sample of that coffee powder from accused 2, who was the salesman in the shop of accused 1 and sent it to the Government Analyst for his opinion. It was found by the analyst that it contained 30 per cent, of roasted wild date seeds powder.

(2.) The prosecution examined P. W. 2 who deposed that accused 1 was absent at the shop and that accused 2 produced a tin from which the sample was taken and that it did not contain any lable to show that it contained an admixture of date seed powder.

(3.) The case of the accused was that the accused was in the habit of selling adulterated coffee powder after warning the public about it. In support of his case he examined D. Ws. 1 and 2. The trial Court acquitted the accused.