STATE Vs. KUMARESAN

JUDGEMENT

(1.) This appeal by the State is against acquittal.

(2.) On 28-8-1984, at 12-30 p.m., P.W. 1, the Food Inspector attached to Virudhunagar Municipality accompanied by Sanitary Maistry, inspected the Oil Store situate at Door No. l10, Main Bazar, Virudhunagar. At that time, the respondent/ accused, the proprietor of the Oil Store, was transacting the business. He was, it is said, dealing in various kinds of oil, such as gingelly oil, coconut oil and ground-nut oil. P.W. 1, it is said, expressed his intention of drawing of samples of coconut oil for purpose of analysis. The respondent/ accused agreed for the same. Samples of coconut oil were drawn by P.W.1, by complying with all formalities. One such sample had been sent to the Public Analyst, after due intimation to the Public Health Authority, to whom other two samples had been sent. The sample so sent to the Public Analyst was found to be adulterated as revealed by his report, Exhibit P. 10.

(3.) After complying with the other formalities of serving with S.13(2) notice etc., a complaint, in fact, had been laid before the Judicial First Class Magistrate, Virudhunagar on 10-11-1984 against the respondent/ accused for offences under Ss.7(i) and 16 (1)(a) read with S.2(i-a) and (m) of the Prevention of Food Adulteration Act, 1954 (for short 'the Act') which was taken on file as C.C. No. 598 of 1984.