STATE BY PUBLIC PROSECUTOR Vs. SYED

JUDGEMENT

(1.) THIS is an appeal filed by the State against the order of acquittal made by learned Sub Divisional Judicial Magistrate, Valliyur in C.C. No. 353 of 1982 acquitting the accused of the offence punishable under Sections 7(1) and 16(1)(a.i) read with 2(i.a)(a) and (m) of the Food Adulteration Act.

(2.) THE case of the prosecution is that P.S. Paramasivam, Food Inspector attached to Thesayanvilai Panchayath inspected the shop of the accused situated at No. 277 -C, 12th Ward, Highways Main Road in the said Thesayanvilai Panchayath and found him selling grocery articles. On 27 -4 -1982 at 3.00 p.m. P.W.1 purchased 540 milligrams of coconut oil kept for sale. He suspected the oil as adulterated and divided the same into three parts in a dry and clean empty bottles and sent them for analysis. According to him, he sealed the bottle without any leakage and kept in an airtight bottle and on 28 -4 -1982 he sent the bottle to public analyst, Madras and he received the acknowledgement subsequently from which it is found that the public analyst at Madras received the sample only on 3 -5 -1982.

(3.) LEARNED Counsel for the accused cited a decision before the lower Court reported in Law Weekly Criminal dated 24 -3 -1982 at page No. 431, wherein it was held that the sample was taken by the analyst on 20 -8 -1978, but it was received by the public analyst only on 25 -8 -1978 and that the absence of any explanation for the delay vitiated the trial. In this case also, there is a delay of six days, computing from 28 -4 -1982 till 3 -5 -1982. This delay has also not been explained by the prosecution. Therefore, the prosecution has not proved the case beyond reasonable doubt.