STATE Vs. SUBRAMANIAM

JUDGEMENT

(1.) THE State is aggrieved by the order of discharge passed by the learned Chief Judicial Magistrate, Tirunelveli in C. C. No. 131 of 1978, and has therefore, preferred this revision against the accused. THE complaint was filed by the Food Inspector, Tirunelveli Municipality, against the four accused| respondents for an offence under sections 7 (1), 16 (1) (a) (i) read with section 2 (i-a) of the Prevention of Food Adulteration Act, 1954. THE case against the accused is as follows:

(2.) A-1 is the salesman of the grocery shop, M|s. Nainar moopanar Sons, No. 1, Kazhuvetri Mudukku Street , Tirunelveli A. 2 to A-4 are the partners. On 24th February, 1978, at about 4-45 p. m. , P. W. 1, the Food inspector, who is the complainant, purchased 750 gms of gingelly seeds from the shop of the respondents for purposes of analysis for Rs. 4. 65. After satisfying the formalities required by law regarding the purchase and packing of the sample, P. W. 1 sent one bottle to the Public Analyst. The Public Analyst in his report, Exhibit P-5 opined that the sample is unfit for human consumption since the oil derived from the sample is found to contain free fatty acids in excess of the maximum permitted limit to the extent of 81%. On the basis of the report, a complaint was filed against the accused and section 13 (2) notice was served upon them.

(3.) INASMUCH as the Analyst has not followed the provisions of the Act and the Rules framed thereunder, the order of discharge of the lower Court should stand.