STATE Vs. NATARAJAN

JUDGEMENT

(1.) THIS appeal by the State is against the judgment of the learned Sub-Divisional Judicial Magistrate, Mannargudi, acquitting the respondent who has been charged for offences under Ss. 7 (i), 16 (1) (a) (i) and 2 (ia) (a) of the Prevention of Food Adulteration Act.

(2.) P.W. 1. the Food Inspector, Mannargudi Municipality, purchased 750 ml. of mixture of cow.s milk and buffalo.s milk for 90 paise from the respondent accused who was sailing milk at a tea-shop in V.O.C. Road, Mannargudi, at about 8.45 a. m. on 30th December, 1977� and obtained a receipt Ex. P3. for the same, He divided the milk so purchased into three equal parts and bottled them up in three clean dry bottles and added 20 drops of formalin, a preservative, to each bottle and sealed the bottles and sent one such bottle to the Public Analyst and the other two to the Local (Health) Authority. The report of the Analyst shows that the sample was deficient in solits-not-fat to an extent of at least 45 per cent. But the learned Magistrate acquitted the accused on the ground (1) that the milk was not intended for sale and (2) that there has not been a compliance of the mandatory provisions of Rr. 16 and 18 of the Prevention of Food Adulteration Rules. The State is aggrieved and has file the appeal.