STATE BY PUBLIC PROSECUTOR Vs. P.N. SWAMI

JUDGEMENT

(1.) THIS is an appeal filed by the State against the order of the Court of Sub -Divisional Magistrate acquitting one P. K. Swamy, the accused -Respondent herein, for an offence under Section 16(1)(a)(i) read with S. 7(ii) of the Prevention of Food Adulteration Act.

(2.) THE accusation against the Respondent is that, on 27th June 1970 at 9.25 a.m., he was found in possession of gingelly oil and sold the same which was found to contain free fatty acids in excess of the permitted limit to the extent of 60 per cent by the public Analyst on an analysis.

(3.) THE Public analyst analysed the sample oil and certified that the oil contained free fatty acids in excess of the permitted, to the extent of 60 per cent. He also stated in his report Ex. P. 4 that the sample has been received properly sealed, to be air and moisture tight and packed in thick paper to be proof against access to light.