STATE Vs. SELVARAJ

JUDGEMENT

(1.) THIS appeal is directed by the State against the validity of the order of acquittal passed in C.C. No. 8 of 1979, on the file of the Court of the Chief Judicial Magistrate, Kumbakonam, acquitting the accused of the offences under section 7 (1) read with sections 16 (1) (a) (i), 2(1-a) (a) (m) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act).

(2.) P.W. 1, the Food Inspector attached to the Kumbakonam Municipality on 30th September, 1978 at about 11 a.m., purchased 660 ml. of milk from the accused, intended for sale and for human consumption after serving the notice Exhibit P-1 for a price of Re. 1 as evidenced by Exhibit P-2. He divided the milk into three equal parts, filled them in separate dry bottles, added the requisite quantity of Formalin and after observing the formalities, sent a part of the sample to the Public Analyst, who, on analysis of the articles of food, has opined under Exhibit P-5, report, that the sample was deficient in solids-not-fat to the extent of at least 34%. On receipt of Exhibit P-5, the prosecution was launched before the Court on 30th December, 1978. Thereafter, notice under Exhibit P-7 as required under section 13 (2) was served on the accused on 19th January, 1979.

(3.) THE learned Magistrate acquitted the accused on the ground that there is a violation of section 10 (7) of the Act and that the evidence of P.W. 1 cannot be accepted