THIYAGARAJAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) An interesting but important question as to whether "Coffee" is an Essential Commodity as defined in Section 2 of the Essential Commodities Act has come up for consideration in this appeal.

(2.) The challenge in this appeal is to the conviction and sentence imposed by the learned Additional District and Sessions Judge cum Special Court for Essential Commodities Act Cases, Coimbatore in S.T.C.No. 3 of 2011 wherein the Special Court has convicted the appellant for the offence under Clause 4 of the Tamil Nadu Scheduled Articles (Prescription of Standard) Order 1977 read with Section 7 (1)(a)((ii) of Essential Commodities Act 1955 and sentenced him to undergo S.I for three months and to pay a fine of Rs.3,000/- in default to undergo S.I for 2 months.

(3.) The case of the prosecution is that the appellant had obtained license for the manufacture of cattle feed at Thindal village, and the same was functioning in the name and style of "Star Mill". On 23.02.1994, the Inspector of Police, CS CID, Erode inspected the premises of the said Mill and according to him, he found adulterated Coffee Powder and Tea Powder with Cashew husk powder. Therefore, the prosecution was launched after following the legal formalities against the petitioner for having adulterated tea powder as well as coffee powder with cashew husk powder. The petitioner denied the accusation.