STATE Vs. RANGASAMY NAIDU

JUDGEMENT

(1.) THIS is an appeal by the State against the acquittal of the respondent by the learned Chief Judicial Magistrate of Madurai.

(2.) A complaint was laid against the respondent in C.C. No.3 of 1977 on the 61e of the Chief Judicial Magistrate, Madurai by the Food Inspector on the allegation that the accused Rengasamy Naidu, who is the respondent herein, had in his possession cow-s milk for the purpose of sale, offered it for sale and also sold the same in front of door No. 5, Tiruparankundram Road, Madurai at 4.30 p.m. on 11th September, 1976 to Thiru S. Muthuswamy, Food Inspector, Madurai, Corporation, Madurai, that the cow-s milk, on analysis by the Public Analyst for Madurai Corporation was found to contain 4.5% of solide-not-fat as against 8.5% of solid-not-fat prescribed under the Prevention of Food Adulteration Rules and hence deficient in solide-not-fat to the extent of at least 47% and was therefore adulterated and that thereby the accused had committed an offence under section 2 (ia) (a) and (m), 7 (i) 16 (1A) and 16(1) (a) (i) of the Prevention of Food Adulteration Act (Act XXXVII of 1954) (hereinafter referred to the Act) read with Clause A. 11.01.11 in Appendix B to Rule 5 of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as the Rules).

(3.) THEREAFTER, P.W.1, divided the milk into three equal parts and poured each part into three separate bottles which were empty, dry and clean and added 18 drops of formalin to each of the bottles, corked them, tied a twine to them and affixed label No. 19376 on each of them after obtaining the signature of the accused therein. THEREAFTER, he again wrapped each of the bottles with a thick paper and tied them each with strings and obtained the signature of the accused on the three separate labels and affixed the labels and outer cover to each of the bottles. He then recorded the statement of the accused which has been exhibited as Exhibit P-3. The accused signed in Exhibit P-3. He prepared the mahazar Exhibit P-4 in which also the accused signed.