IN RE: ELUMALAI Vs. STATE

JUDGEMENT

(1.) THE above revision is filed by the accused questioning the correctness and legality of the judgment in C.A. No. 650 of 1979 on the file of the Additional Sessions Judge, South Arcot at Cuddalore.

(2.) THE facts of the case are as follows: - On 30th June, 1978 at about 6:30 a.m. P.W.1, the Food Inspector, purchased from the Petitioner herein 660 ml. of milk for Rs. 1.05 and issued Ex.P2 receipt After purchase, P.W.1 divided the same into three parts and poured the same into three clean bottles and added formalin. After packing the same as required under the Act and Rules, he sent one bottle to the Public Analyst and sent the remaining two bottles to the Local Health Authority. Ex.P3 is the report of the Analyst. According to Ex.P3, the solid -not -fat was deficient in the sample to the extent of at least 43%. Thereafter, the Petitioner was charged under Ss. 7(1) and 16(1)(a)(i) read with Section 2(l)(a) and (m) of the Prevention of Food Adulteration Act.

(3.) AGGRIEVED by the said conviction and sentence, the Petitioner preferred C.A. No. 650 of 1979 before the Additional Sessions Judge, South Arcot at Cuddalore and learned appellate Judge, after going through the evidence, confirmed the conviction, but modified the sentence of imprisonment to six months rigorous imprisonment. However, he confirmed the fine imposed by the trial Court. It is against the said judgment, this revision has been filed.