(1.) THIS appeal by the State has been filed questioning the validity and correctness of the judgment of acquittal recorded by the then learned Judicial First Class Magistrate, Coimbatore, in S.T.C.No.497 of 1986 dated 13.2.1987, acquitting the respondent/accused, who was tried for an alleged offence punishable under Secs.7(1) and 16(1) (a)(i) read with Sec.2(ia)(a) & (m) of the Prevention of Food Adulteration Act.
(2.) TO appreciate the contentions raised in this appeal, necessary facts of the prosecution case in brief are stated as follows: P.W.1 Thiru Vinayagam, the Sanitary Inspector of Coimbatore Municipal Corporation, working in Ward number 9, along with his staff, by name Ramakrishnan and Veerasamy, for the purpose of taking food samples, had been to the business premises by name Shanmugha Bakery run by the respondent/accused herein, situated at door number 11/117, Ponniah Gounder street, Coimbatore town, got himself introduced to the respondent/accused who was present, served Ex.P-1 Form VI in the presence of one Mohideen. Then he purchased six loaves of bread weighing 400 gms. each at a cost of Rs.13.50 and obtained cash receipt Ex.P-2 which was attested by the witness. Then, he prepared the necessary samples by duly packing as provided by the Rules strictly and putting the Code words obtained from the Health Officer and affixed necessary seals on it after obtaining the signature from the respondent/accused. Then, he prepared Form VII, Ex.P-
(3.) THE Supreme Court in A.K.Roy v. State of Punjab, A.I.R. 1986S.C. 2160:1986Crl.L.J. 2097: (1986)4 S.C.C. 326: (1986)3 F.A.C 66: (1986)2 A.P.L.J.(S.C.) 34:1986 S.C.C.(Crl) 443: (1986) F.A.J. 514., has held as follows: