STATE OF TAMIL NADU Vs. VAITHI

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment of the learned Additional Judicial First Class Magistrate, Tiruchirapalli, acquitting the accused who has been charged for an office under C.Sections 7(i) and 16(1) (a)(i) read with Section 2(a)(m) of the Prevention of Food Adulteration Act, 1954.

(2.) P.W. 1 Food Inspector of Abishegapuram Town Panchayat, purchased for analysis 750 ml. of milk which is a mixture of cow's and buffalo's milk for Rs. 1.15 from the accused, Vaithi, kept for sale on 26-5-1978, at about 12-30 p.m. at Colony Main Road, Crawford. P.W. 1 divided the milk so purchased into three equal parts and sealed them in three clean dry bottles and sent one such bottle to the Analyst. The report of the Analyst showed that the sample was deficient in solids-non-fat to the extent of at least 41 per cent. The Food Inspector laid the complaint.

(3.) IT is contended by the Prosecutor that once the milk sold for analysis to the Food Inspector is found to be adulterated, the accused would be guilty of contravention of Section 7(i) and 16(1)(a)(i) and Section 2(ia)(m) of the Act.