SAMBASIVAM Vs. STATE

JUDGEMENT

(1.) This revision is directed against the judgment of the learned Additional Sessions Judge, South Arcot Division at Cuddalore in Criminal Appeal No.435 of 1979, confirming the judgment of the learned Special Judicial First Class Magistrate, Ulundurpet in C.C.No.85 of 1979, convicting the revision petitioner under Sections 2(1a) (a), 7(1) read with Section 16(1)(a)(i) of the PREVENTION OF FOOD ADULTERATION ACT, 1954 hereinafter referred to as the Act) and sentenced him to undergo R.I., for six months and to pay a fine of Rs. 1,000.00 in default to undergo R.I., for three months.

(2.) The brief facts of the case of the prosecution are as follows: On 28-9-1978 morning at Karraraj Road, Villupuram, P.W.1, the Food Inspector attached to Villupuram Municipality purchased 700 ml. of cow milk for Rs.1-05 out of the milk kept for sale by the revision petitioner after serving Form VI, the copy of which is marked as Exhibit P-1. He obtained the cash receipt. Exhibit P-2 from the revision petitioner. He divided the sample into three equal parts and poured the same after adding formalin drops in three dry and clean bottles, corked and sealed them. He sent one bottle to the public analyst with Form VII, the copy of which is marked as Exhibit P-3. The remaining two bottles were sent to the Local (Health) Authority. Exhibit P-4 is the report of the Public Analyst to the effect that the solids-not-fat content was deficient in the sample to the extent of at least 55 per cent. P.W.1 filed the complaint against the revision petitioner on 7-12-1978. He served S.13(2) notice along with the copy of the report of the Public Analyst on the revision petitioner on 13-12-1978 and obtained acknowledgment from him.

(3.) When the revision petitioner was examined regarding the circumstances appearing against him, he denied having committed the offence.