STATE Vs. RAJIAH

JUDGEMENT

(1.) THIS appeal has been filed by the State against the judgment of acquittal passed by the Judicial First Class Magistrate, Tirunelveli, in C.C.No.778 of 1984, dated 31.12.1984 acquitting the accused/respondent herein of the charge under Secs.7(1), 16(1)(a)(i) read with Sec.2(1)(a) and (m) of the Prevention of Food Adulteration Act (hereinafter called as the Act).

(2.) THE case against the accused is that on 30.3.1984 at about 7.30 a.m. the Food Inspector went to the Srivenkateswara Cool Drinks Stall at Sivaiaperi Road, Palayamkottai, and took sample of rose milk that was being sold there. It was sent to the Public Analyst, and after analysis it was found to be in deficient of 72% fat. THE further case of the prosecution is that the accused/ respondent was the owner of that stall and one Subbiah, a juvenile, was the salesman in that stall on that day. On these grounds, the Food Inspector filed C.C.No. 778 of 1984 against the accused/ respondent and C.C.No. 547 of 1984 was filed against Subbiah, the juvenile. We are now concerned with Criminal Appeal No. 518 of 1986 which has been filed against the accused/ respondent herein in C.C.No. 773 of 1984.