PUBLIC PROSECUTOR Vs. MUTHU NAICKER

JUDGEMENT

(1.) THIS is an appeal by the Public Prosecutor against the acquittal of the accused Muthu Naicker under Section 7 (1) read with Section 16 (1) of the Prevention of Food Adulteration Act hereinafter referred to as the Act.

(2.) THE prosecution case is that on 17-5-1960 at about 9-35 a. m. at Venkatappa Chettiar Road, Shevapet, the accused was having in his possession for sale and sold buffalo milk which on analysis was found to be adulterated with 18 per cent of added water.

(3.) THE plea of the accused was that the milk was personally drawn by him. and was pure, that after giving the milk to P. W. 1 Sundararaj he was engaged in tying kudams to the cycle and that he was not present when P. W. 1 filled the bottles and that P. W. 2 Narasimha Ayar, the Mahazar witness, was not also present there. P. W. 1 has clearly stated that the accused was selling milk in Venkatappa Chettiar Road, that he called him and asked him whether the milk was for sale and that he told him that it was for sale. The evidence of P. W. 1 is corroborated by the evidence of P. W. 2. The learned Magistrate has referred to some discrepancies in their evidence which are not material. The mere fact that P. W. 1 used to inspect the hotel of P. W, 2 is no ground for holding that P. W. 2 is not an Independent witness. There can be no doubt that the accused sold the milk to P. W. 1.