STATE Vs. PANCHANADHAM

JUDGEMENT

(1.) THIS is an appeal by the State against the judgment of the learned Sub-Divisional Judicial Magistrate Thanjavur in C.C. No. 1159 of 1976 on the file of his court. A-2 in the said case is the only respondent in this appeal, though both A-1 and A-2 were acquitted by the learned Sub-Divisional Judicial Magistrate

(2.) THE Food Inspector, Thanjavur, filed a complaint against A-1 under S. 7(i) and S. 16(1)(a)(i) read with S. 2(ia) and S. 17(1)(b) of the prevention of Food Adulteration Act (to be referred to hereafter as the Act) read with R. 44(i) of the prevention of Food Adulteration Rules (to be referred to hereafter as the Rules), and against A-2 under S. 7(1) and S. 16(1)(a)(1) read with S. 2(ia)(a) and (m) of the Act, and R. 44(e) of the Rules, on the allegation that on 25-9-1976, at about 9-50 a.m., A-20 who is the salesman of A-1, sold at No. 37. Odathurai Street, Thiruvaiyaru, (Shanmugha Vilas oil shop), 450 gms of gingelly oil to the complainant, which was purchased by him by paying Rs. 3.95 for Purposes of analysis, after observing the formalities contemplated under the Act, and that on analysis by the Public Analyst, the sample was found to consist of a mixture of about 85% of gingelly oil and about 15% of groundnut oil. A-1 is the licensee of the firm

(3.) THE learned Magistrate has acquitted both the accused. THE acquittal of A-1 is not challenged by the State