STATE Vs. RATHINAMMAL

JUDGEMENT

(1.) THE criminal appeal has been filed by the State represented by the Public Prosecutor against the acquittal of the respondent-accused Rathinammal of an offence punishable under sections 16(1)(a)(i) read with sections 7 (i) and 2 (i-a) (a) and (1) of the Prevention of Food Adulteration Act by the learned Sub-Divisional Judicial Magistrate of Erode in S.T.R. No. 429 of 1977.

(2.) THE complaint in the above case was preferred by the Food Inspector of Anthiyur (P.W.1) alleging that at about 7-50 a.m. on 28th November, 1976, near door No. 35, in Burgur Road, Anthiyur, the respondent Rathinammal was in possession for sale and old to P.W.1 adulterated buffalo's milk, which on analysis, was found to be deficient in solids-not-fat to the extent of 25% and the accused-respondent thereby committed an offence under the above sections of the Prevention of Food Adulteration Act. P.W.1 stopped the accused and served Exhibit P-1 form VI notice of intimation of his intention to take sample of milk and purchased 660 milli-litres of the said milk for Rs. 1.15 paise under receipt Exhibit P-2 in the presence of Kandaswamy (P.R. 2). P.W.1's Maistry Chinnaswamy has not been called as a witness. P.W.1 divided the milk into three equal parts, poured into three clean, dry and empty bottles and added 16 drops of formalin to each of the bottles and thereafter corked, twined and wrapped them and gave one bottle to the accused under acknowledgment Exhibit P-3, retained one bottle M.O. 1 and sent another bottle to the Court. THE bottle in which the sample had been taken was sent to the Food analyst who has subsequently reported that the sample was deficient in solids-not-fat to the extent of 25%.

(3.) THE accused examined her senior paternal uncle as D.W. 1 and he has deposed that at the relevant time, he was ailing and on the advice of the doctor, he was taking milk and on the date in question, he had asked the accused to bring three litres of milk. He has denied that the accused was selling milk to him and has stated that she was giving the milk free of cost and she continued to do so even after the date on which P.W.1 had taken some milk from her.