STATE BY PUBLIC PROSECUTOR Vs. PACHIAPPAN

JUDGEMENT

(1.) This is an appeal filed by the State against the order of acquittal passed by the learned Judicial First Class Magistrate, Thiruvannamalai, in C.C. No. 174 of 1978 acquitting the accused respondent of an offence under S. 7(1) and S. 16(1)(a)(i) read with S. 2 (la) (a) and (m) of the Prevention of Food Adulteration Act.

(2.) The case of the prosecution against the respondent is that P.W. 1 , the Food Inspector, on 2nd March, 1978 at Thiruvannamalai, after serving Form VI, "notice on the respondent, bought from him 750 millilitres of cow's milk for Rs. 1.25 p. Ex. PI is the Form VI notice and Exhibit P2 is the receipt received from the respondent. The milk was divided into three portions and after observing the usual formalities P.W. I sent one bottle to the Analyst and the other two bottles to the Local Health Authority. Exhibit P4 is the Analyst's report, stating that the sample was adulterated as the milk contained solids-not fat deficient to the extent of at-least 25 per cent. After receipt of Exhibit P4, a notice, dated 19th May, 1978 under S. 13(2) of the Act under Exhibit P6 was served on the respondent on 21st May, 1978. A complaint against the respondent, dated 29th April, 1978 was filed in court on 4th May, 1978. Apart from the evidence of P.W. I, a mahazar witness was examined by the prosecution, but he turned hostile to the prosecution.

(3.) When the respondent was questioned under S. 313, Crl. P.C. he denied having sold any milk on the day in question and stated that the case had been foisted on him. No defence witness was examined on his behalf.