STATE Vs. VENKATESWARAN

JUDGEMENT

(1.) THIS is an appeal by the State against the judgment of the learned Sub-Divisional Judicial Magistrate, Erode acquitting the respondent on finding him not guilty of the offence punishable under section 16(1)(a)(i) read with section 7(i) and section 2(i)(a) and (1) of the Prevention of Food Adulteration Act, 1954 (to be hereafter referred to as the Act).

(2.) THE Food Inspector of Gobichetti-palayam Municipality, who has been examined as P.W. 1, went to the hotel situate in Door No. 72, Police Station Road, Gobichettipalayam on 15th September, 1976 at about 11-30 a.m., and found the proprietor of the hotel, who is the accused in this case, and purchased from him 700 ml. of rose milk for Rs. 2.50 under a cash receipt Exhibit P-2 after serving Exhibit P-1, Form No. VI, notice, on him. THEn he divided the rose milk into three equal parts and poured each part into a separate bottle, clean, dry and empty, and added 16 drops of formalin to each bottle. He then corked the bottles, tied them with twines and sealed them with seal No. 872. He gave one bottle to the accused under acknowledgment. He sent another bottle to the Public Analyst with Form No. VII, the office copy of which is Exhibit P-3. He retained M.O 1., the third bottle, and produced it into Court. After the receipt of Exhibit P-4, the report of the Public Analyst, certifying that the sample was deficient in solids not fat to the extent of 43% and it was deficient in fat to the extent of 64%, he furnished a copy of Exhibit P-4 to the accused and thereafter filed this complaint. THEse facts were spoken to by the Food Inspector, who examined himself as P.W. 1.

(3.) HENCE, the prosecution of the accused is not main fairable, and therefore the appeal is dismissed.