STATE Vs. K RAMASWAMY

JUDGEMENT

(1.) THE State represented by the learned Public Prosecutor has directed this criminal appeal questioning the order of acquittal made in c. C. No. 46 of 1980 on the file of the Court of the Sub-Divisional Judicial magistrate, Ramanathapuram acquitting the accused of the offence punishable under sections 7 (1), 16 (1) (a) (1) and (2) (1-a) (a) (m) of the Prevention of Food adulteration Act, hereinafter referred to as the Act.

(2.) THE brief facts of the case as disclosed from the oral and documentary evidence can be stated as follows: P. W. 1, the Food Inspector attached to Kilakarai Town Panchayat on 31st October, 1979 at about 11-15 a. m. , purchased 22 soda bottles containing soda colour, each bottle with a capacity of 785 millilitres for the purpose of analysis from the accused after serving exhibit P-1, Form 6 notice, on him. Exhibit P-2 is the receipt passed by the accused, accepting the receipt of a sum of Rs. 16. 20 towards the price of the articles of food purchased by P. W. 1. This food article was intended for sale and for human consumption. P. W. 1 divided the 12 bottles of soda into three equal parts and after observing all the statutory formalities deposited two of the parts with the Local Health Authority and sent one part of the samples to the Public Analyst, who on analysis of the food article, gave his opinion under exhibit P-6, that the sample contained saccharin in excess of the maximum permitted limit to the extent of 80%. On receipt of Exhibit P-6, P. W. 1 instituted the prosecution on 8th February, 1980. After the institution of the prosecution the Local Health Authority served the copy of the notice under exhibit P-7 on the accused as required under section 13 (2) of the Act on 20th february, 1980.