STATE Vs. KAVERI

JUDGEMENT

(1.) An appeal by the State challenging the judgment of the Judicial Magistrate, Aruppukottai, acquitting the respondent/accused in a case registered under Ss 7(1) & 16(1)(a)(1) and 2(1a)(a)(b) & (m) and Rule 23 of the Prevention of Food Adulteration Act.

(2.) The short facts which led the State to file the complaint are: On 26.8.1993 at about 11.30 A.M., P.W.1 Ravindran, Food Inspector, Aruppukottai Municipality along with his Assistant visited the shop of the respondent/accused namely Kaveri Grocery Shop, situated at No.3-11-52, Karadi Kamatchi Street, Aruppukottai Town. He suspected adulteration in Red Gram, which was kept for sales. He purchased 750 grams of Red Gram by making a payment of Rs.14.25 under Ex.P2 receipt in the presence of an independent witness. He took samples from them, divided the same into three parts. Out of those three parts, one was sent to the Public Analyst and the other two were sent to the local health authority after following the procedural formalities. The Public Analyst has given a report under Ex.P10 stating that the sample is adulterated since it contains a coal tar food colour - Tartrazine. Following the same, the complaint was filed against the respondent/accused under Ss 7(1) & 16(1)(a)(1) and 2(1a)(a)(b) & (m) and Rule 23 of the Prevention of Food Adulteration Act.

(3.) In order to prove the charges the Food Inspector Ravindran was examined as P.W.1, and 14 documents were marked, and no material objects were marked. The respondent/accused was questioned under Sec.313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witness, and the accused denied them as false. On the side of the defence, 2 documents were marked. On hearing the rival submissions and consideration of the materials available, the trial Court took the view that it was a fit case for acquittal and rendered a judgment of acquittal which is challenged by the State.