STATE Vs. SERAJUDEEN

JUDGEMENT

(1.) THIS appeal by the State challenges the acquittal of the respondents by the Judicial First Class Magistrate, Kuzhithalai, in C. C. No. 58 of 1982 of offences under Secs. 7 (i) and 16 (1) (a) (i )read with Sec. 2 ( i a ), (b) and (m) and Rules 44 (g) and 47 of the Prevention of Food Adulteration Act, 1954 in that the sample of milk ice-cream sold by the first respondent and manufactured by the second respondent, was found to be deficient in total solids to the extent of 72% milk fat to the extent of 93% and milk protein to the extent of 51% and the sample contained 140 parts of saccharin per million parts in violation of Rule 47 of the Prevention of Food Adulteration Rules, 1955 prohibiting addition of saccharin.

(2.) P. W. 1, the Food Inspector, lifted the sample from the first respondent on 4. 1. 1982 at 6. 30 p. m. in the Weekly Shandy at Sandaipettai Street,PallapattiVillage . The ice-cream was manufactured by the second respondent.