(1.) THIS appeal by the State is against acquittal.
(2.) THE respondent-accused is the owner of a grocery shop situate at No. 10-B, Imperial Road, Cuddalore O. T. on 10-7-1985 at about 10 a. m. P. W. 1, the Food Inspector, Cuddalore Municipality inspected the provision stores and took sample of Maida after complying with all formalities as prescribed in the Prevention of Food Adulteration Act, 1954 (for short'the act') for the purpose of analysis. One such sample so taken had been sent to the Public Analyst and the other two samples to the Local Health Authority on the same day of the sampling. THE Local Health Authority received the report of the Public Analyst on 31-7-1985 to the effect that the sample, on analysis, was found to be not confirming to the standard prescribed. THE Food Inspector, on 16-8-1985 launched the prosecution against the accused-respondent after completing the other formalities which was taken on file as CC. No. 327 of 1985 by the Chief Judicial Magistrate, Cuddalore, for the alleged offences under sections 7 (i) and 16 (1) (a) (i) read with S. 2 (ia) (a) and (1) of the Act.
(3.) I may now give my anxious considerations to the submissions of both the Counsel.